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R-05-10-13-10B1 - 10/13/2005 RESOLUTION NO. R-05-10-13-10BI WHEREAS, the City of Round Rock has duly advertised for bids for the purchase of uniforms for the Police and Fire Departments, and WHEREAS, Miller Uniforms & Emblems, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Miller Uniforms & Emblems, Inc. , Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Purchase of Police and Fire - Department Uniforms with Miller Uniforms & Emblems, Inc. , a copy of said Agreement being attached hereto as Exhibit "A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of October, 2005 . W L, Mayor AST: City of Round Rock, Texas J , ' CHRISTINE R. MARTINEZ, City Sec etary @PFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R51013E1.WPD/sc CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF POLICE AND FIRE DEPARTMENT UNIFORMS FROM MILLER UNIFORMS & EMBLEMS,INC. THE STATE OF TEXAS § CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENT: COUNTY OF WILLIAMSON § That this Agreement for purchase of Police Department uniforms (for Patrol, K-9, Animal Control, Explorers, and Honor Guard) and for purchase of Fire Department uniforms, and for related goods and services, referred to herein as the "Agreement," is made and entered into on this the day of the month of , 2005,by and between the CITY OF ROUND ROCK, TEXAS, a home-rule municipality whose offices are located at 221 East Main Street, Round Rock, Texas 78664;referred to herein as the"City," and MILLER UNIFORMS & EMBLEMS, INC., whose offices are located at 650 Cannon Street, Austin, Texas 78752, referred to herein as the "Vendor." This Agreement supersedes and replaces any previous agreement between the named parties, whether oral or written, and whether or not established by custom and practice. RECITALS: WHEREAS, City desires to purchase Police Department uniforms for Patrol, K-9, Animal Control, Explorers, and Honor Guard, and to purchase Fire Department uniforms for work and dress, and to purchase associated services including but not limited to on-site sizing, minor and major alterations, delivery, maintenance of all sizing profiles and adequate stocks of garments, and City desires to purchase same from Vendor; and WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods and services, and City has selected the Bid submitted by Vendor; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties, and obligations; NOW, THEREFORE: WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties mutually agree as follows: 00090687/jkg 1.01 DEFINITIONS A. Agreement means the binding legal contract between City and Vendor whereby City is obligated to buy specified goods and Vendor is obligated to sell specified goods. The Agreement includes the following: (a) City's Invitation for Bid designated as IFB 05-005, Specification Number 00-200-88-01 revised June 2005; (b) Vendor's Response to IFB; (c) the contract award; and (d) any exhibits, addenda, and/or amendments thereto. Any inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the following order: (1) This Agreement; (2) Purchaser's Response to IFB; (3) City's Invitation for Bids, exhibits, and attachments. B. City means the City of Round Rock, Williamson and Travis Counties, Texas. C. Effective Date means the date upon which the binding signatures of both parties to this Agreement are affixed. D. Force Majeure means acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind from the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government and the people, civil disturbances, explosions, or other causes not reasonably within the control of the party claiming such inability. E. Goods mean the specified supplies,materials, commodities, or equipment. F. Vendor means Miller Uniforms&Emblems, Inc., or any successors or assigns. 2.01 EFFECTIVE DATE,INITIAL TERM,AND ALLOWABLE RENEWALS A. This Agreement shall be effective on the date it has been signed by both parties hereto, and shall remain in full.force and effect unless and until it expires by operation of the term stated herein, or until terminated or extended as provided herein. B. The initial term of this Agreement is for twelve (12) months from the effective date hereof. After that initial term, this Agreement may be renewed for successive terms of twelve (12) months each, not to exceed in the aggregate four (4) such renewals, with such renewals to occur on or before the expiration date of the preceding term, and with such renewals being absolutely predicated upon the express written agreement of both parties. Such renewals are permitted only provided Vendor has performed each and every contractual obligation specified in this original Agreement. 2 C. City reserves the right to review the relationship at any time, and may elect to terminate this Agreement with or without cause or may elect to continue. 3.01 CONTRACT DOCUMENTS AND EXHIBITS City selected Vendor as the integrator of choice to supply the goods as outlined in IFB 05-005, Specification Number 00-200-88-01 revised June 2005, and Response to IFB submitted by Vendor, all as specified in Exhibit "A" attached hereto and made a part hereof for all purposes. The intent of these documents is to formulate an Agreement listing the responsibilities of both parties as outlined in the IFB and as offered by Vendor in its Response to the IFB. The goods which are the subject matter of this Agreement are described in Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are fully a part of this Agreement as if repeated herein in full. 4.01 ITEMS AWARDED All bid items on Exhibit"A"are awarded to Vendor. 5.01 COSTS Bid costs listed on Exhibit"A"shall be the basis of any charges collected by Vendor. 6.01 INVOICES All invoices shall include, at a minimum, the following information: A. Name and address of Vendor; B. Purchase Order Number; C. Description and quantity of items received; and D. Delivery dates. 7.01 NON-APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may effect such termination by giving Vendor a written notice of termination at the end of its then current fiscal year. 3 8.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Vendor will be made within thirty(30) days of the day on which City receives the performance, supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the day on which the performance of services was complete, or within thirty(30) days of the day on which City receives a correct invoice for the performance and/or deliverables or services, whichever is later. Vendor may charge a late fee of one percent (1%) for payments not made in accordance with this Prompt Payment Policy; however, this Policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Vendor concerning the supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between any of the parties and subcontractors or between a subcontractor and its suppliers concerning supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or D. Invoices are not mailed to City in strict accordance with instructions, if any, on the purchase order or the Agreement or other such contractual agreement. 9.01 GRATUITIES AND BRIBES City may, by written notice to Vendor, cancel this Agreement without liability to Vendor if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by Vendor or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code. 10.01 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Vendor's charges. 11.01 ORDERS PLACED WITH ALTERNATE VENDORS If Vendor cannot provide the goods as specified, City reserves the right and option to obtain the products from another supplier or suppliers. 4 12.01 INSURANCE Vendor shall meet all requirements as stated in the attached Invitation for Bid No. IFB 05-005 and its bid response. 13.01 CITY'S REPRESENTATIVE City hereby designates the following representatives authorized to act in its behalf with regard to this Agreement: For Police Department: Jennifer Soto Logistics Officer I Round Rock Police Department, Patrol Division 615 East Palm Valley Boulevard Round Rock,Texas 78664 512-218-6675 For Fire Department: Charles Messerole Fire Logistics Officer II Round Rock Fire Department 2919 Joe DiMaggio Boulevard Round Rock, Texas 78664 512-218-3203 14.01 RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other party's intent to perform hereunder, then demand may be made to the other party for written assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made,then and in that event the demanding party may treat such failure as an anticipatory repudiation of this Agreement. 15.01 DEFAULT If Vendor abandons or defaults under this Agreement and is a cause of City purchasing the specified goods elsewhere, Vendor agrees that it may be charged the difference in cost, if any, and that it will not be considered in the re-advertisement of the service and that it may not be considered in future bids for the same type of work unless the scope of work is significantly changed. 5 Vendor shall be declared in default of this Agreement if it does any of the following: A. Fails to make any payment in full when due; B. Fails to fully, timely and faithfully perform any of its material obligations under this Agreement; C. Fails to provide adequate assurance of performance under the "Right to Assurance"section herein; or D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States. 16.01 TERMINATION AND SUSPENSION A. City has the right to terminate this Agreement, in whole or in part, for convenience and without cause, at any time upon thirty(30) days' written notice to Vendor. B. In the event of any default by Vendor, City has the right to terminate this Agreement for cause,upon ten(10)days' written notice to Vendor. C. Vendor has the right to terminate this Agreement only for cause, that being in the event of a material and substantial breach by City, or by mutual agreement to terminate evidenced in writing by and between the parties. D. In the event City terminates under subsections (A) or (B) of this section, the following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor shall submit a statement showing in detail the goods and/or services satisfactorily performed under this Agreement to the date of termination. City shall then pay Vendor that portion of the charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services it would have performed under the remaining term of the Agreement except as provided herein. 17.01 INDEMNIFICATION Vendor shall defend (at the option of City), indemnify, and hold City, its successors, assigns, officers, employees and elected officials harmless from and against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor, or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be deemed to limit the rights of City or Vendor (including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. 6 18.01 COMPLIANCE WITH LAWS,CHARTER AND ORDINANCES Vendor, its agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules and regulations promulgated by local, state and national boards,bureaus and agencies. 19.01 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party shall assign, sublet or transfer any interest in this Agreement without prior written authorization of the other party. 20.01 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: 1. When delivered personally to the recipient's address as stated in this Agreement; or 2. Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Vendor: Miller Uniforms& Emblems, Inc. 650 Cannon Street Austin,TX 78752 Notice to City: Assistant City Manager Stephen L. Sheets, City Attorney 221 East Main Street AND TO: 309 East Main Street Round Rock, TX 78664 Round Rock, TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Vendor. 21.01 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions 7 herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 22.01 EXCLUSIVE AGREEMENT This document, and all appended documents, constitutes the entire Agreement between Vendor and City. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. 23.01 DISPUTE RESOLUTION If a dispute or claim arises under this Agreement, the parties agree to first try to resolve the dispute or claim by appropriate internal means, including referral to each party's senior management. If the parties cannot reach a mutually satisfactory resolution, then and in that event any such dispute or claim will be sought to be resolved with the help of a mutually selected mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a mediator and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney fees, associated with the mediation shall be shared equally by the parties. City and Vendor hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14)or any applicable state arbitration statute. 24.01 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 25.01 MISCELLANEOUS PROVISIONS Standard of Care. Vendor represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices. Time is of the Essence. Vendor understands and agrees that time is of the essence and that any failure of Vendor to fulfill obligations for each portion of this Agreement within the 8 agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Vendor's failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible as defined herein. However,notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which shall be considered an original of this document; and all of which, when taken together, shall constitute one and the same instrument. IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates indicated. City of Round Rock,Texas Miller Uniforms & E�ble nc. • � Nyle Maxwell, Mayor Title: n' Date Signed: Date Signed: Attest: By: Christine R. Martinez, City Secretary Approved as to Form: By: Stephan L. Sheets, City Attorney 9 EXHIBIT INVITATION FOR BID(IFB) CITY OF ROUND ROCK PURCHASING OFFICE o 221 E.Main Street 8 "All Round Rock,Texas 78664-5299 BIDS ARE DUE TO THE PURCHASING OFFICE BIDDING INFORMATION: AT THE ABOVE ADDRESS BEFORE BIO FACSIMILE RESPONSES OPENING TIME. POLICE&FIRE UNIFORMS SHALL NOT BE ACCEPTED BID NUMBER 05-005 OPENING DATE: 7/5/2005 TIME:3:OOPM INVOICE TO: BID LOCATION: 221 East Main Street,Council Chambers, Round Rock TX 78664 City of Round Rock RETURN SIGNED ORIGINAL AND ONE COPY OF BID Accounts Payable SHOW BID OPENING DATE 3 BID NUMBER 221 East Main Street IN LOWER LEFT HAND CORNER OF BIDDER SHALL SIGN BELOW Round Rock, Texas 78664 SEALED BID ENVELOPE&SHOW RETURN Failure to ll disqualify bid ADDRESS OF BIDDING FIRM. Authorized Signature BID F.O.B.DESTINATION UNLESS OTHERWISE SPECIFIED BELOW Pririt Name DESTINATION: SEE 1.7 ON BACK FOR INSTRUCTIONS: TAX ID NO.: 3 3 City of Round Rock y �Q�Nts LEGAL BUSINESS NAME: OM Police Dept,615 Palm Valley, ADDRESS: In5io, - Fire Dept.,203 Commerce, a, ADDRESS: Rock, kL Round Texas 78664 CONTACT: e� TELEPHONE NO.: —3D 7- BUSINESS ENTITY TYPE: "By the signature hereon affixed,the bidder hereby certifies that neither the bidder nor the entity represented by the bidder,or anyone acting for such entity has violated the antitrust laws of this State,codified in Section 15.01 et seq.,Texas Business and Commerce Code,or the Federal antitrust laws,nor communicated directly or Indirectly,the bid made to any competitor or any other person engaged In such line of business." Bidder agrees to comply with all conditions set forth below and on the reverse side of this IFB. Best Bid:All bids received shall be evaluated based on the best value for the City,which will be determined by considering all or part of the following criteria: Bid Price, Reputation of Bidder and the Extent to which the goods or services meet the City's needs and Bidder's past relationship with the City. This is for a multiple year agreement for Police and Fire Uniforms in accordance with specification No. 00-200-88-01, revised 6 2005(12 pgs) The quantities shown are estimates for a twelve month period only. No guarantee of any minimum or maximum purchase is made or implied. The City will only order the amount needed to satisfy operating requirements. ITEM/ CLASS&ITEM DESCRIPTION QTY UNIT UNIT COST 200-88 EXTENSION Patrol -Blauer-Short Sleeve, Men,#841 OZ with minor o O 1 alterations. 144 EA iD2. 00 O / 9 •00 FPatrol-Blauer-Short Sleeve, Men,#841 OZ with major 2 alterations. 144 EA 6 2,00 1-4- &V Patrol-Blauer-Short Sleeve,Women,#841 OWZ with 3 minor alterations. 15 EA 62� 00 R3U.OZl Patrol-Blauer-Short Sleeve,Women,#841 OWZ with 4 major alterations 15 EA • OD 1 O 5 REM it CLASS&REM DESCRIPTION QTY UNIT UNIT COST EXTENSION 200-88 Patrol-Blauer-Long Sleeve, Men,#8400Z with minor 5 alterations. 50 EA . 00 3. 401 00 Patrol-Blauer-Long Sleeve, Men,#8400Z with major 6 alterations. 50 EA 70- 00 1,500.00 Patrol-Blauer-Long Sleeve,Women,#8400WZ with '70, © OD 7 minor alterations. 10 EA 100.00 Patrol-Blauer-Long Sleeve,Women,#8400WZ with 8 major alterations. 10 EA �0.00 700- 00 Patrol-Blauer-Trouser Men,#8510 with minor 9 alterations. 130 EA 76.115�67 9 9115-00 Patrol-Blauer-Trouser Men,#8510 with major nQ 10 alterations. 130 EA 749-SO `7 T��DQ 11 Patrol-Blauer-Trouser Men,#8510 with striping 6 EA d a 90 y q�. (/D Patrol-Blauer-Trouser Women#8510W with minor 12 alterations. 5 EA 76,5D Patrol-Blauer-Trouser Women#8510W with major 13 alternations. 5 EA �(p 3 51 5-0 14 Patrol-Blauer-Trouser Women#8510W with striping. 2 EA 15 Jacket-Blauer#6125 20 EA 16 Raincoat-Blauer#26990 43 EA 150 17 Honor Guard-Blauer shirt, Ion sleeve,#8400Z 15 EA 7 SO 18 Honor Guard-Blauer shirt, long sleeve#8400WZ 3 EA 8 7�O &16 a'. SO Animal Cntrl-Shirt, short sleeve, Horace Small, Male 19 #Z959FB 10 EA 37 5-C) 3Z S.0 d Animal Cntrl-Shirt, long sleeve, Horace Small, Male 310 20 #ZZ919FB 5 EA 7 r�•On Animal Cntrl-Shirt, short sleeve, Horace Small, Female 21 #Z975FB 25 EA 3 7 5 O 37 Sb Animal Cntrl-Shirt, long sleeve, Horace Small, Female Gj 22 #Z905FB 15 EA 3 9. 7d ,�q� `�0 23 Animal Cntrl-Pant, Propper#F530138405 30 EA 3DB S� q76- 6Q 20F 5 ITEM/ CLASS&ITEM DESCRIPTION QTY UNIT UNIT COST EXTENSION 200-88 Fs30/gyos 24 Exployer-Shirt, Propper#P52043O 'T 30 EA a. SO q�5'0Q 25 K-9-Shirt, BDU, Black Propper#F545238001 40 EA 3a 26 K-9-Pants, Propper#F520138001 40 EA 3 a SO /300. opo Firefighter-Work Shirt, Short Sleeve,Topps 27 #SH990220, Light Blue 400 EA b• �� /y7��.OC? Firefighter-Work Shirt, Long Sleeve,Topps 28 #SH970220, Light Blue 100 EA �0' yd . 00 Firefighter-Work Trouser, Workrite#475NMX75NB, 29 Navy if (ah S _ #/26AF0 200 EA MOO O an W.1VO Firefighter-Jacket, Blauer#612013K, Black with silver or 30 gold FD buttons 30 EA / 54 3 b'8�00 3 Firefighter-Windbreaker,Liberty#560MNV,waterproof 31 &windproof,-dark blue 30 EA a3, SO '7B�Dd 3 A Firefighter-Dress Blazer, Fecheimer#1 7138696C w/bad a tab,dark navy 20 EA 931.00 -//(!P 12P.06 s3 /,Q`� Firefi hter-Dress ants, Fecheimer#28P8696,dark na 20 EA -�q. 70 �7 6 7.60 Fiirefi hter-Dress Belt,Patent leather#6580 20 EA /1.00 3Sl1.01) 36 Firefighter-Dress Shoes, Patent leather#831-6027 20 PAIR 6 9,00 qp.OD 3 Firefighter-Dress Cap,Dress#9807 20 EA ��00 /0-7-0,96 3 Firefighter-Dress Cross, Maltese,left sleeve 40 EA �• qs IS0,00 �0 Firefighter-Dress Stripe, left&right sleeve 40 PAIR /Q• Q� y00. J--F afire - , /�onq t) �P-e✓e G1I�(/ j'f �iC�!"•� AX 510 o✓erS GRAND TOTAL U Pe.,4c o,-#looOwH DELIVERY IN 1/8'/0 /0 DAYS �S !9 Sf'hw X?, 32 3f — /,aces JvOD V da 7-I f ;Ae-41'e v✓erj 5. 30F 5 BIDDING INSTRUCTIONS ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF BID ANY EXCEPTIONS THERETO MUST BE IN WRITING I. BIDDING REQUIREMENTS: 1.1 Bidding requires pricing per unit shown and extensions. If trade discount is shown on bid, it should be deducted and net One extensions shown. Bidders guarantees product offered will meet or exceed specifications identified in this Invitation For Bid QFS). 1.2 Bids should be submitted on this form. Each bid shall be placed to a separate envelope completely and properly identified. See Instructions on reverse side. Bids must be In the office of the City Purchasing Agent before the hour and date specified on the reverse side of this IFB. 1.3 Late bids properly Identified will be retuned to bidder unopened. Late bids will not be considered. 1.4 Bid F.O.B.destination,freight prepaid,&allowed unless otherwise specified on the IFB. If otherwise,stow exact cost to deliver. 1.5 Bid unit price on quantity and unit of measure specified,extend and show total. In case of errors in extension,unit prices shall govern. Bids subject to unlimited price Increase will not be considered. 1.6 Bid prices shall be firm for acceptance 30 days from bid opening date. "Discount from List"bids are not acceptance unless requested. Cash discount will not be considered in determining the low bid. All cash discounts offered will be taken if earned. 1.7 Bids shall give Tax Identification Number,full name and address of bidder. Failure to sign will disqualify bid. Person signing bid shall show tittle and authority to bind signatories firth in a contract. Finn name should appear on each page in the block provided in the upper right comer. Business Entity shall be one(1)of the following: Individual, Partnership, Sole Proprietorship, Estate/Tnist, Corporation, Governmental. Nonprofit,all others shall be specified. INDIVIDUAL: List name and number as shown on Social Security Card. SOLE PROPRIETORSHIP;List legal name followed by legal business name and Social Security Number. ALL OTHERS;List legal name of entity and Tax Identification Number(Tim). 1.8 Bid cannot be altered or amended after opening time. Any Alterations made before opening time shall be initialed by bidder or an authorized agent No bid can be withdrawn after opening time without approval of the CITY based on a mitten acceptable reason. Do Trot irotude tax in b 1.9 The City is exempt from State Sales Tax and Federal Excise Tax id. 1.10 The City reserves the right to accept or reject all or any part of bid,waive minor technicalities and award the bid to best serve the interests of the City,SPIN awards may be made at the sole discretion of the Cly. 1.11 Consistent and continued tie bids could cause rejection of bids by the city and/or investigation for antitrust violations. 1.12 Telephone bids and facsimile bids are not acceptable in response to the IFB. 1.13 CAUTION:Bid invitation allows sufficient time for receipt of the preferred mail response. The City shall not be responsible for bids received late. otherwise non-responsive illegible,incomplete,or 2. SPECIFICATION: 2.1 Any catalog,brand name or manuhadurers reference used in IFB is descriptive only(not restrictive),and is used to indicate type and quality desired. Bids on brands of like nature offered, considered unless advertised under the provisions of Section 252.022 of the Texas Local Government Code. If other than brands)specified is ompleile data in bid,bidder will be descriptions of product offered are requested b be made a part of the bid. If bidder takes no exceptions b specifications or reference in 2.2 AN items bid shall be first class condfion,including containers suitablek IFB. contrary will rot be moogruaed. Pint and storage,unless otherwise indicated in IFB. Verbal agreements to the 23 Samples,when requested.must be furnished free of expense to the City. If not destroyed in examination,they will be returned to the bidder,on request,at bidder expense. Each example should be marked with bidders name and address,Ctty bid number and code. Do not enclose in or attach to bid. 2.4 The City will not be bound by any oral statement or representation contrary to the written specifications of this IFB. 2.5 Manufacturer's standard warranty shall apply unless otherwise stated in the IFB. 3. TIE BIDS: In case of tie bids,the award will be made in accondance with Section 271.901 of the Texas Local Government Code. 4. DELIVERY: 4.1 Bid should show number of days required to place material in Citys designated location under normal conditions. Failure to state deliver time obligates bidder to complete delivery in fourteen(14)calendar days. Unrealistically short or long delivery promises may cause bid to be disregarded. Consistent failure to meet delivery promises %*out valid reason may cause removal from bid list(See 4.2 fblkrMng.) 4.2 t delay is foreseen,contractor shall give written notice to the City. The City has the right to extend deWery date if reasons appear valid.Contractor must keep the City advised at all times of status of order. Default in promised delivery(without able reasons)or failure to meet specifications,auttwkws the City to purchase supplies elsewhere and charge full increase,if any,in cost and handling to defaulting contractor. 4.3 No substK udons or cancellations permitted wdthout written approval of the City. 4.4 Delivery shall be made during normal w or"hours only,unless prior approval for late delivery has been obtained from the City,unless otherwise specified in the IFB. 5. INSPECTION AND TESTS: AN goods will be subject to Inspection and test by the City to the extent practicable at all times and places. Authorized City personnel shall have regular cress to ny suPPWs en the place of business for the purpose of inspecting merchandise. Tests may be performed on samples submitted with the bid or on samples taken from bone lip the supplier. Goods,whproducts ichted fail to meet or mooed all havehave been delivered endconditions and�te of the specifications,the Cost of the sample used and the cost of the testing shall risk and expense. Latent defects rejected in whole or in part may,at the Citys option,be returned to the Vendor or held far disposition at Vendors may result in revocation of aoceptenoe. 6. AWARD OF CONTRACT: A response to an IFB is an offer to contract with the City based upon the terms,conditions,and specifications contained in the IFB Bids do not become contracts unless acid until they are accepted by the City though its designates and a purchase order is issued. The contract shall be governed,construed,and interpreted under the Charter of the City and the laws of state of Texas. AO contracts are subject to the approval of the City Council. 7. PAYMENT: Vendor shall submit thee(3)copies of an invoice showing the purchase order number on all copies. S. PATENTS AND COPYRIGHTS:The contractor agrees to protect the City from claims involving infringements of patents or oDpyrights. 9. VENDOR ASSIGNMENTS:Vendor thereby assigns to purdhaser any and all claims for overcharges associated with this contract,which arise under the antitrust laws of the State of Texas.Tx,Bus.And Comm.Code Ann.Sec,15-01,et seq.(1967). 10. BIDDER AFFIRMATION: 10.1 Signing this bid with a false statement is a material breach of contract and shall void the submitted bid or any resulting contracts,and the bidder shall be removed from all bid fists. By signature hereon affixed,the bidder hereby certifies that 10.2 The bidder has not given,offered to give.nor intends to give any time hereafter any economic opportunity,future employment,gift,loan,gratuity,special discount,tip,favor, or service to a public servant in connection with the submitted bid. 10.3 The bidder is not Currently delinquent in the payment of any debt owed the City. 10.4 Neither the bidder nor the firth,corporation,partnership,or any entity represented by the bidder,or anyone acting for such firth,corporation,or entity has violated the antitrust laws of this State codified in Section 15.01 et Seq.Texas Business and Canrmental Code,or the Federal Antitrust Laws,nor communicated directly or Indirectly the bid made to any competitor,or any other person engaged in such line of business. 10.5 The bidder has not received compensation fox participation in the preparation of the specification for this IFB. 11. NOTE TO BIDDERS:Any terms and conditions attached to bid will not be considered unless the bidder specifically references them on the front of this bid form. WARNING:Such terms and conditions may result in disqualification of the bid(e.g.bids with the laws of a state other than Texas requirements for prepayment. Limitations on remedies,etc.) The City of Round Rods can orgy accept bids which contain all the urns and conditions of its formal IFB;in particular,all bidders affirmations and certifications must be included. Submission of bids on fortes other than City bid forth may result in disqualification of your bid. 12. INQUIRIES: Inquiries pertaining to bid invitations must give bid number,codes,and opening date. PAGE 4 OF 5 REV:04-0405 REFERENCE SHEET Please Complete and Return This Form with the Solicitation Response SOLICITATION NUMBER: I FB 05-005-POLICE&FIRE UNIFORMS BIDDER'S NAME: AL� /A Y2L18 fEVVb)f-W& DATE: 6ljg� Provide the name, address, telephone number and point of contract of at least three firms that have utilized similar service for at least 2 year. References may be checked prior to award. Any negative responses received may result in disqualification of bid. I. Company's Name JrAW"C Name of Contact Title of Contact S- Present Address City, State,Zip Code !Q �� ' Telephone Number (52-L �s'zJ,syr 4 Fax Number(5;7yyq�Ap 2. Company's Name Name of Contact Title of Contact Present Address �8 ,S' /Po ok City, State,Zip Code Telephone Number Q;j yam) _ -4 s-2- Fax Number 3. Company's Name � � Name of Contact Title of Contact jKy1e..-—,400 A Aj LAR Present Address ?/�-�� ?Y-I- SYL- City, State,Zip Code .�i —/ X -1$701 Telephone Number (sit- 97f-67-0 7e Fax Number 4. Company's Name Name of Contact Title of Contact S j Present Address City,State,Zip Code„f�X Telephone Number (S12 ) 44 - 44 Fax Number(5-i2- )2- 5. Company's Company's Name ,5'> )pol,C,_ Name of Contact �� SGS/ Title of Contact Present Address y� City,State,Zip Code 8 Zoe Telephone Number ( ) �y,�_I�b6 Fax Number FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSERATION FROM AWARD Reference Sheet Page 5 of 5 Dated:05//2005 INVITATION FOR BID(IFB) CITY OF ROUND ROCK PURCHASING OFFICE 221 E.Main Street Round Rock,Texas 78664-5299 BIDS ARE DUE TO THE PURCHASING OFFICE BIDDING INFORMATION: AT THE ABOVE ADDRESS BEFORE BID FACSIMILE RESPONSES POLICE&FIRE UNIFORMS OPENING TIME. SHALL NOT BE ACCEPTED BID NUMBER 05405 OPENING DATE: 7/5/2005 TIME:3:OOPM INVOICE TO: BID LOCATION: 221 East Main Street,Council Chambers, Round Rock TX 78664 City of Round Rock RETURN SIGNED ORIGINAL AND ONE COPY OF BID Accounts Payable SHOW BID OPENING DATE&BID NUMBER IN LOWER LEFT HAND CORNER OF BIDDER SHALL SIGN BELOW 221 East Main Street Round Rock, Texas Street SEALED BID ENVELOPE&SHOW RETURN Failure to sign bid will disqualify bid ADDRESS OF BIDDING FIRM. Authorized Signature BID F.O.B.DESTINATION UNLESS OTHERWISE SPECIFIED BELOW Print Name DESTINATION: SEE 1.7 ON BACK FOR INSTRUCTIONS: TAX ID NO.: City of Round Rock LEGAL BUSINESS NAME: Police Dept,615 Palm Valley, ADDRESS: Fire Dept.,203 Commerce, ADDRESS: Round Rock,Texas 78664 CONTACT: TELEPHONE NO.: BUSINESS ENTITY TYPE: "By the signature hereon affixed,the bidder hereby certifies that neither the bidder nor the entity represented by the bidder,or anyone acting for such entity has violated the antitrust laws of this State,codified in Section 15.01 et seq.,Texas Business and Commerce Code,or the Federal antitrust laws,nor communicated directly or indirectly,the bid made to any competitor or any other person engaged in such line of business." Bidder agrees to comply with all conditions set forth below and on the reverse side of this IFB. Best Bid:All bids received shall be evaluated based on the best value for the City,which will be determined by considering all or part of the following criteria: Bid Price, Reputation of Bidder and the Extent to which the goods or services meet the City's needs and Bidder's past relationship with the City. This is for a multiple year agreement for Police and Fire Uniforms in accordance with specification No. 00-200-88-01, revised 6 2005(12 pgs) The quantities shown are estimates for a twelve month period only. No guarantee of any minimum or maximum purchase is made or implied. The City will only order the amount needed to satisfy operating requirements. ITEMS CLASS&REM DESCRIPTION QTY UNIT UNIT COST EXTENSION 200-88 Patrol-Blauer-Short Sleeve, Men,#8410Z with minor 1 alterations. 144 EA Patrol-Blauer-Short Sleeve, Men,#8410Z with major 2 alterations. 144 EA Patrol-Blauer-Short Sleeve,Women,#8410WZ with 3 minor alterations. 15 EA Patrol-Blauer-Short Sleeve,Women,#8410WZ with 4 major alterations 15 EA 1 OF 5 .�•a by ,,,.� "E Iffffiff ITEM i CLASS&ITEM DESCRIPTION off UNIT UNIT COSTEXTENSION 200-88 Patrol-Blauer-Long Sleeve, Men,#8400Z with minor 5 alterations. 50 EA Patrol-Blauer-Long Sleeve, Men,#8400Z with major 6 alterations. 50 EA Patrol-Blauer-Long Sleeve,Women,#8400WZ with 7 minor alterations. 10 EA Patrol -Blauer-Long Sleeve,Women,#8400WZ with 8 major alterations. 10 EA Patrol-Blauer-Trouser Men,#8510 with minor 9 alterations. 130 EA Patrol -Blauer-Trouser Men,#8510 with major 10 alterations. 130 EA 11 Patrol-Blauer-Trouser Men,#8510 with striping 6 EA Patrol-Blauer-Trouser Women#8510W with minor 12 alterations. 5 EA Patrol-Blauer-Trouser Women#8510W with major 13 alternations. 5 EA 14 Patrol-Blauer-Trouser Women#8510W with striping. 2 EA 15 Jacket-Blauer#6125 20 EA 16 Raincoat-Blauer#26990 43 EA 17 Honor Guard-Blauer shirt, long sleeve,#8400Z 15 EA 18 Honor Guard-Blauer shirt, long sleeve#8400WZ 3 EA Animal Cntrl-Shirt,short sleeve, Horace Small, Male 19 #Z959FB 10 EA Animal Cntrl-Shirt, long sleeve, Horace Small, Male 20 #ZZ919FB 5 EA Animal Cntrl-Shirt,short sleeve, Horace Small, Female 21 #Z975FB 25 EA Animal Cntrl-Shirt, long sleeve, Horace Small, Female 22 #Z905FB 15 EA 23 lAnimal Cntrl-Pant, Propper#F530138405 30 EA 20F 5 REM* CLASS&ITEM DESCRIPTION QTY UNIT UNIT COST EXTENSION 200-88 24 Ex to er-Shirt, Pro er#F520138001 30 EA 25 K-9-Shirt, BDU, Black Propper#F545238001 40 EA I ::T - - 26 K-9-Pants, Pro er#F520138001 40 EA Firefighter-Work Shirt, Short Sleeve,Topps 27 #SH990220, Light Blue 400 EA Firefighter-Work Shirt, Long Sleeve,Topps 28 #SH970220, Light Blue 100 EA Firefighter-Work Trouser, Workrite#475NMX75NB, 29 Navv 200 EA Firefighter-Jacket, Blauer#6120BK, Black with silver or 31 old FD buttons 30 EA Firefighter-Windbreaker, Liberty#560MNV,waterproof 32 &windproof,dark blue 30 EA Firefighter-Dress Blazer, Fecheimer#17B8696C 33 w/bad a tab, dark navy 20 EA 34 Firefighter-Dress pants, Fecheimer#28138696, dark navy 20 EA 35 Fiirefi hter-Dress Belt, Patent leather#6580 20 EA 36 Firefighter-Dress Shoes, Patent leather#831-6027 20 PAIR 37 Firefighter-Dress Cap, Dress#9807 20 EA 38 Firefighter-Dress Cross, Maltese, left sleeve 40 EA 39 Firefighter-Dress Stripe, left&right sleeve 40 PAIR GRAND TOTAL DELIVERY IN DAYS 30F 5 BIDDING INSTRUCTIONS ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF BID ANY EXCEPTIONS THERETO MUST BE IN WRITING 1. BIDDING REQUIREMENTS: 1.1 Bidding requires pricing per unit shown and extensions. If trade discount is shown on bid,it should be deducted and net one extensions shown. Bidders guarantees product offered will meet or exceed specifications identified in this Invitation For Bid(IFB). 1.2 Bids should be submitted on this form. Each bid shall be placed in a separate envelope completely and property identified. See instructions on reverse side. Bids must be in the office of the City Purchasing Agent before the tour and date specified on the reverse side of this IFB. 1.3 Late bids properly identified will be returned to bidder unopened. Late bids will not be considered. 1.4 Bid F.O.B.destination,freight,prepaid,&allowed unless otherwise specified on the IFB. If otherwise,show exact cost to deliver. 1.5 Bid unit price on quantity and unit of measure specified,extend and show total. In case of errors in extension, unit prices shall govern. Bids subject to unlimited price increase will rot be considered. 1.6 Bid prices shall be firth for acceptance 30 days from bid opening date. "Discount from List" bids are not acceptance unless requested. Cash discount will not be considered in determining the loin bid. All cash discounts offered will be taken if earned. 1.7 Bids shall give Tax Identification Number,full name and address of bidder. Failure to sign will disqualify bid. Person signing bid shall show little and authority to bind signatories firth in a contract. Firm name should appear on each page in the block provided in the upper right comer. Business Entity shall be one(1)of the following: Individual, Partnership, Sole Proprietorship, Estate/Trust, Corporation Governmental. Non-profit,all others shall be specified. INDIVIDUAL: List name and number as shown on Social Security Card. SOLE PROPRIETORSHIP;List legal name followed by legal business name and Social Security Number. ALL OTHERS;List legal name of entity and Tax Identification Number(Tin). 1.8 Bid cannot be acPer or amended after opening time. Any Alterations made before opening time shall be initialed by bidder or an authorized agent, No bid can be withdrawn after approval of the CITY based on a written acceptable reason. 1.9 The City is exempt from State Sales Tax and Federal Excise Tax. Do not include tax in bid. 1.10 The City reserves the right to accept or reject all or any part of bid,waive minor technicalities and award the bid to best serve the interests of the City,Split awards may be made at the sole discretion of the City. 1.11 Consistent and continued tie bids could cause rejection of bids by the City and/or investigation for antitrust violations. 1.12 Telephone bids and facsimile bids are not acceptable in response to the IFB. 1.13 CAUTION:Bid invitation allows sufficient time for receipt of the preferred mail response. The City shall not be responsible for bids received late,Illegible,incomplete,or otherwise non-responsive 2. SPECIFICATION: 2.1 Any catalog,brand name or manufacturers reference used in IFB is descriptive only(rot restrictive).and is used to indicate type and quality desired. Bids on brands of like nature and quality will be considered unless advertised under the provisions of Section 252.022 of the Texas Local Government Code. If other than brand(s)specified is offered,illustrations and complete descriptions of product offered are requested to be made a part of the bid. If bidder takes no exceptions to specifications or reference data in bid,bidder will be required to furnish brand nares,numbers,etc,as specs in the IFB. 2.2 AN items bid shall be new, in first class condition,including containers suitable for shipment and storage, unless otherwise indicated in IFB. Verbal agreements to the contrary will not be recognized. 23 Samples,when requested,must be fumished free of expense to the City. If not destroyed in examination,they will be returned to the bidder,on request,at bidder expense. Each example should be marked with bidders'name and address,City bid number and code. Do not enclose in or attach to bid. 2.4 The City will not be bound by any oral statement or representation contrary to the written specifications of tthis IFB. 2.5 Manufacturers standard warranty,shall apply unless otherwise stated in the IFB. 3. TIE BIDS: In case of tie bids,the award will be made in accordance with Section 271.901 of the Texas Local Government Code. 4. DELIVERY: 4.1 Bid should show number of days required to place material in Cilys designated location under normal conditions. Failure to state deliver time obligates bidder to complete delivery in fourteen(14)calendar days. Unrealistically short or long delivery promises may cause bid to be disregarded. Consistent failure to meet delivery promises without valid reason may cause removal from bid list(See 4.2 following.) 4.2 If advi sedat all is sees order. �en,contractor shall Default notice to the may. The City has the right lo end delivery date d reasons appear valid.Contractor must keep the City, promised delivery(without acceptable reasons)or failure to meet specifications,authorizes the City to purchase supplies elsewhere and charge full increase,if any,in cost and handling to defaulting contractor. 4.3 No substitutions or cancellations permitted without written approval of the City. 4.4 Delivery shall be made during normal working hours only,unless prior approval for late delivery has been obtained from the City,unless otherwise specified in the IFB. 5. INSPECTION AND TESTS: All goods will be subject to inspection and test by the City to the extent practicable at all times and places. Authorized City personnel shall have access to any suppliers place of business for the purpose of inspecting merchandise. Tests may be performed on samples submitted with the bid or on samples taken from regular shipments. If the products tested fail to meet or exceed all conditions and requirements of the specifications,the cost of the sample used and the cost of the testing shall be borne by the supplier. Goods,which have been delivered and rejected in whole or in part,may,at the Ckys option,be retumed to the Vendor or held for disposition at Vendors risk and expense. Latent defects may result in revocation of acceptance. 6. AWARD OF CONTRACT: A response to an IFB is an offer to contract with the City based upon the terms,conditions,and specifications contained in the IFB Bids do not become contracts the unless sand until they are accepted by the city through its designates and a purchase order is issued. The contract shall be govemed,construed,and interpreted under City and the laws of State of Texas. AU contracts are subject to the approval of the City Council. 7. PAYMENT: Vendor shall submit three(3)copies of an invoice showing the purchase order number on all copies. 8. PATENTS AND COPYRIGHTS:The contractor agrees to protect the City from claims involving infringements of patents or copyrights. 9. VENDOR ASSIGNMENTS:Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract,which arise under the antitrust laws of the State of Texas.Tx,Bus.And Comm.Code Ann.Sec.15.01,at seq.(1967). 10. BIDDER AFFIRMATION: 10.1 Signing this bid with a false statement is a material breach of contract and shall void the submitted bid or any resulting contracts,and the bidder shall be removed from all bid lists. By signature hereon affixed,the bidder hereby certifies that: 10.2 The bidder has not given,offered to give,nor intends to give any time hereafter any economic opportunity,future employment,gift,ban,gratuity,special discount,fip,favor, or service to a public servant in connection with the submitted bid. 10.3 The bidder is riot currently delinquent in the payment of any debt owed the City. 10.4 Neither the bidder nor the firth, corporation, partnership, or any entity represented by the bidder,or anyone acting for such firm,corporation,or entity has violated the antitrust laws of this State codified in Section 15.01 et.Seq.Texas Business and Commercial Code,or the Federal Antitrust Laws,nor communicated directly or indirectly the bid made to any competitor,or any other person engaged in such line of business. 10.5 The bidder has not received compensation for participation in the preparation of the specification for this IFB. 11. NOTE TO BIDDERS:Any terms and conditions attached to bid will not be considered unless the bidder specifically references them on the front ofthis bid forth. WARNING:Such terms and conditions may result in disqualification of the bid(e.g.bids with the laws of a state other than Texas requirements for prepayment. Limitations on remedies,etc.) The City of Round Rock can only accept bids which contain all the terms and conditions of its formal IFB; in particular,all bidders affirmations and certifications must be included. Submission of bids on fortes other than City bid form may result in disqualification of your bid. 12. INQUIRIES: Inquiries pertaining to bid invitations must give bid number,codes,and opening date. PAGE 4 OF 5 REV:04-04-05 REFERENCE SHEET Please Complete and Return This Form with the Solicitation Response SOLICITATION NUMBER: 1 FB 05-005—POLICE&FIRE UNIFORMS BIDDER'S NAME: DATE: Provide the name, address, telephone number and point of contract of at least three firms that have utilized similar service for at least 2 year. References may be checked prior to award. Any negative responses received may result in disqualification of bid. 1. Company's Name Name of Contact Title of Contact Present Address City, State,Zip Code Telephone Number ( ) Fax Number( ) 2. Company's Name Name of Contact Title of Contact Present Address City, State,Zip Code Telephone Number ( ) Fax Number( ) 3. Company's Name Name of Contact Title of Contact Present Address City, State,Zip Code Telephone Number ( ) Fax Number( ) 4. Company's Name Name of Contact Title of Contact Present Address City,State,Zip Code Telephone Number ( ) Fax Number( ) 5. Company's Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number ( ) Fax Number( ) FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSERATION FROM AWARD. Reference Sheet Page 5 of 5 Dated:05//2005 CITY OF ROUND ROCK SPECIFICATION NO. 00-200-88-01 REVISED: JUNE 2005 POLICE AND FIRE UNIFORMS PART GENERAL 1. PURPOSE: The City seeks to establish a multiple year contract with a responsible bidder that has the means and ability to supply the City's Police Department with uniforms for Patrol, K-9,Animal Control, Explorers, Honor Guard and the Fire Department with uniforms for.work and dress. Vendor shall provide services to include, but not limited to on-site sizing, minor and major alterations, delivery, maintaining all sizing profiles and adequate stock of garments to outfit new officers and replace garments as needed and in the specified time period throughout the contract year and any extensions. 2. DEFINITIONS: The following definitions will be used for identified terms throughout the specification and bid document: 2.1. Bidder identified throughout this specification shall describe persons and entities that consider themselves qualified to provide the goods,equipment or services. 2.2. City—Identifies the City of Round Rock,Travis and Williamson County,Texas. 2.3. Agreement—A mutually binding legal document obligating the Vendor to furnish the goods, equipment or services, and obligating the City to pay for it. 2.4. Vendor—(Sometimes referred to as Contractor)A person or business enterprise providing goods, equipment, labor and/or services to the City as fulfillment of obligations arising from a contract or purchase order. 2.5. Goods represent materials,supplies,commodities and equipment. 2.6. Purchase Order-is an order placed by the Purchasing Office for the purchase of Goods or Services written on the City's standard Purchase Order form and which,when accepted by the Bidder, becomes an Agreement.The Purchase Order is the Bidder's authority to deliver and invoice the City for Goods or Services specked,and the City's commitment to accept the Goods or Services for an agreed upon price. 2.7. Services-work performed to meet a demand. The furnishing of labor, time, or effort by the vendor and their ability to comply with promised delivery dates, specification and technical assistance specified 2.8. Subcontractor-Any person or business enterprise providing goods, labor, and/or services to a Vendor if such goods,equipment, labor, and/or services are procured or used in fulfillment of the Vendor's obligations arising from a Agreement with the City. 3. CLARIFICATION: For clarification of specifications, bidders may contact: Carolyn Brooks Purchaser City of Round Rock Telephone: 512-218-5457 The individual listed above may be contacted by telephone or visited for clarification of the specifications only. No authority is intended or implied that specifications may be amended or alterations accepted prior to bid opening without written approval of the City of Round Rock through the Purchasing Division. Page 1 of 12 SPECIFICATION NO. 00-200-88-01 DATE: JUNE 2005 PART II GENERAL CLAUSES AND CONDITIONS 1. BID EVALUATION:All bids received shall be evaluated based on the best value for the City. Best value will be determined by considering all or part of the criteria listed, as well as any relevant criteria specifically listed in the solicitation. 1.1. Bid price 1.2. Reputation of the bidder and of bidder's goods and services. 1.3. The quality of the bidder's goods or services. 1.4. The extent to which the goods or services meet the City's needs 1.5. Bidder's past relationship with the City. All vendors will be evaluated on their past performance and prior dealings with the City to include, but not limited to,failure to meet specifications, poor quality, poor workmanship, late delivery. 1.6. The total long-term cost to the Municipality to acquire the bidder's goods or services. 2. BIDDER QUALIFICATONS: The opening of a bid will not be construed as the City's acceptance of such bidder as qualified and responsible. All bidders shall: 2.1. Be firms, corporations, individuals or partnerships normally engaged in the sale and distribution of commodity or provision of the services as specified herein. 2.2. Have adequate organization,facilities, equipment and personnel to ensure prompt and efficient service to the City. 2.3. Provide references to include the name, address,telephone number and point of contact of at least three entities for which the bidder has preformed similar service and or utilized the exact technology within the past three years.Any negative responses received may result in disqualification of bid. NOTE: Reference form provided. 2.4. Identify any other subcontractors to be used for this project. Experience, qualifications and references of the subcontractors shall be submitted. The City reserves the right to approve or disapprove all subcontractors prior to any work being performed. 3. CONFIDENTIALITY OF CONTENT: Bids received are subject to release as public information unless the bid or specific parts of the bid can be shown to be exempt from the Texas Public Information Act. Bidders are advised to consult with their legal counsel regarding disclosure issues and take the appropriate precautions to safeguard trade secrets or any other proprietary information. The City assumes no obligation or responsibility for asserting legal arguments on behalf of potential Bidders. 3.1. If a Bidder believes that a bid or parts of a bid are confidential, then the Bidder shall so specify. The Bidder shall stamp in bold red letters the term "CONFIDENTIAL"on that part of the solicitation,which the Bidder believes to be confidential.Vague and general claims as to confidentiality shall not be accepted.All bids and parts of bids that are not marked as confidential will be automatically considered public information after the Agreement is awarded. 4. LABOR: The Vendor shall provide all labor and goods necessary to perform the project. The Vendor shall employee all personnel for work in accordance with the requirements set forth by the United States Department of Labor. 5. DAMAGE:The Vendor shall be responsible for damage to the City's equipment and/or property, the workplace and its contents by its work, negligence in work, its personnel and equipment. The Vendor shall be responsible and liable for the safety, injury and health of its working personnel while its employees are performing service work. Page 2 of 12 SPECIFICATION NO. 00-200-88-01 DATE: JUNE 2005 6. WORKPLACE:The City is committed to maintaining an alcohol and drug free workplace. Possession, use, or being under the influence of alcohol or controlled substances by Vendor, Vendor's employees, subcontractor(s)or subcontractor(s')employees while in the performance of the service is prohibited. Violation of this requirement shall constitute grounds for termination of the service. 7. COMPLIANCE WITH LAWS: The successful bidder shall comply with all federal,state, and local laws, statutes, ordinances, rules and regulations,and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of the resulting agreement, including without limitation,workers'compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When requested, the Vendor shall furnish the City with satisfactory proof of its compliance. 8. ABANDONMENT OR DEFAULT: A Vendor who abandons or defaults the work on the Agreement and causes the City to purchase the services elsewhere may be charged the difference in service if any and shall not be considered in the re-advertisement of the service and may not be considered in future bids for the same type of work unless the scope of work is significantly changed. 9. CODES, PERMITS AND LICENSES: The successful bidder shall comply with all National, State and Local standards, codes and ordinances and the terms and conditions of the services of the electric utility, as well as other authorities that have jurisdiction pertaining to equipment and materials used and their application. None of the terms or provisions of the specification shall be construed as waiving any rules, regulations or requirements of these authorities. The successful bidder shall be responsible for obtaining all necessary permits, certificates and/or licenses to fulfill contractual obligations (City of Round Rock fees and costs will be waived). 10. INDEMNITY: Vendor shall indemnify, save harmless and defend the City, its officers, agents, servants, and employees from and against any and all suits, actions,legal proceedings, claims, demands,damages, costs, expenses, attorney's fees and any and all other costs or fees incident to the performance of the resulting agreement and arising out of a willful or negligent act or omission of the Vendor, its officers, agents, servants and employees. - 11. INSURANCE: The Vendor shall procure and maintain at its sole cost and expense for the duration of the Agreement or purchase order resulting from a response to this bid/Specification insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work as a result of this bid by the successful bidder, its agents, representatives,volunteers,employees or subcontractors. 11.1. Certificates of Insurance and endorsements shall be furnished to the City and approved by the City before work commences. 11.2. The following standard insurance policies shall be required: 11.2.1. General Liability Policy 11.2.2. Automobile Liability Policy 11.2.3. Worker's Compensation Policy 11.3. The following general requirements are applicable to all policies: 11.3.1. Only insurance companies licensed and admitted to do business in the State of Texas shall be accepted. 11.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. 11.3.3. Claims made policies shall not be accepted,except for Professional Liability Insurance. 11.3.4. Upon request,certified copies of all insurance policies shall be furnished to the City Page 3 of 12 SPECIFICATION NO. 00-200-88-01 DATE: JUNE 2005 11.3.5. Policies shall include, but not be limited to,the following minimum limits: 11.3.5.1. Minimum Bodily Injury Limits of$300,000.00 per occurrence. 11.3.5.1.1. Property Damage Insurance with minimum limits of $50,000.00 for each occurrence. 11.3.5.1.2. Automobile Liability Insurance for all owned,non-owned, and hired vehicles with minimum limits for Bodily Injury of $100,000.00 each person,and$300,000.00 for each occurrence,and Property Damage Minimum limits of $50,000.00 for each occurrence. 11.3.5.1.3. Statutory Worker's Compensation Insurance and minimum$100,000.00 Employers Liability Insurance. 11.3.6. Coverage shall be maintained for two years minimum after the termination of the Agreement. 11.4. The City shall be entitled, upon request, and without expense to receive copies of insurance policies and all endorsements thereto and may make reasonable request for deletion, revision,or modification of particular policy terms, ponditions, limitations, or exclusions(except where policy provisions are established by law or regulation binding either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Vendor shall exercise reasonable efforts to accomplish such changes in policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the requirements of the bid specification and the insurance endorsements stated below. 11.5. Vendor agrees that with respect to the required insurance,all insurance Agreements and certificate(s)of insurance will contain and state, in writing,on the certificate or its attachment, the following provisions: 11.5.1. Provide for an additional insurance endorsement clause declaring the Vendor's insurance as primary. 11.5.2. Name the City and its officers, employees, and elected officials as additional insured's, (as the interest of each insured may appear)as to all applicable coverage. 11.5.3. Provide thirty days notice to the City of cancellation, non-renewal, or material changes 11.5.4. Remove all language on the certificate of insurance indicating: 11.5.4.1. That the insurance company or agent/broker shall endeavor to notify the City;and, 11.5.4.2. Failure to do so shall impose no obligation of liability of any kind upon the company, its agents, or representatives. 11.5.5. Provide for notice to the City at the addresses listed below by registered mail: 11.5.5.1. Vendor agrees to waive subrogation against the City, its officers, employees, and elected officials for injuries, including death,property damage, or any other loss to the extent same may be covered by the proceeds of insurance. 11.5.6. Provide that all provisions of this Agreement concerning liability,duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. 11.5.7. All copies of the Certificate of Insurance shall reference the project name, bid number or purchase order number for which the insurance is being supplied. Page 4 of 12 SPECIFICATION NO. 00-200-88-01 DATE: JUNE 2005 11.5.8. Vendor shall notify the City in the event of any change in coverage and shall give such notices not less than thirty days prior notice to the change,which notice shall be accomplished by a replacement Certificate of Insurance. 11.5.9. All notices shall be mailed to the City at the following addresses: Assistant City Manager City Attorney City of Round Rock City of Round Rock 221 East Main Street 309 East Main Street Round Rock,TX 78664-5299 Round Rock,TX 78664 11.6. Approval, disapproval,or failure to act by the City regarding any insurance supplied by the Vendor shall not relieve the Vendor of full responsibility or liability for damages and accidents as set forth in the these requirements. Neither shall bankruptcy, insolvency, or denial of liability by the insurance company relieve the Vendor from liability. 11.7. If the Vendor employs, contracts with or otherwise permits any other individual or entity to perform any of the obligations of the Vendor, then any and all of these individual or entities shall be bound by the same insurance requirements as the successful bidder. 12. WORKERS COMPENSATIONINSURANCE: Texas Labor Code,Section 406.098 requires workers' compensation insurance coverage for all persons providing services on building or construction projects for a governmental entity. 12.1. Certificate of coverage("certificate")-A copy of a certificate of insurance,a certificate of authority to self-insure issued by the Texas Workers'Compensation Commission,or a coverage agreement(TWCC-81,TWCC-82,TWCC-83,or TWCC-84),showing statutory workers'compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project. 12.2. Duration of the proiect-includes the time from the beginning of the work on the project until the CONTRACTOR'S/person's work on the project has been completed and accepted by the OWNER. 12.3. Persons providing services on the oroiect("subcontractor')in Section 406.096 includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the project, regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, without limitation, independent contractors,subcontractors, leasing companies,motor carriers,owner-operators,employees of any such entity,or employees of any entity,which furnishes persons to provide services on the project. "Services"include,without limitation, providing, hauling,or delivering equipment or materials,or providing labor,transportation,or other service related to a project. "Services"does not include activities unrelated to the project,such as food/beverage vendors,office supply deliveries,and delivery of portable toilets. 12.4. The CONTRACTOR shall provide coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,that meets the statutory requirements of Texas Labor Code,Section 401.011(44)for all employees of the CONTRACTOR providing services on the project,for the duration of the project. 12.5. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the contract. 12.6. If the coverage period shown on the CONTRACTOR'S current certificate of coverage ends during the duration of the project,the CONTRACTOR must,prior to the end of the coverage period,file a new certificate of coverage with the OWNER showing that coverage has been extended. 12.7. The CONTRACTOR shall obtain from each person providing services on a project,and provide to the OWNER: Page 5 of 12 SPECIFICATION NO. 00-200-88-01 DATE: JUNE 2005 12.7.1. a certificate of coverage, prior to that person beginning work on the project,so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the project;and 12.7.2. no later than seven calendar days after receipt by the CONTRACTOR,a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 12.8. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 12.9. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within 10 calendar days after the CONTRACTOR knew or should have known,or any change that materially affects the provision of coverage of any person providing services on the project. 12.10. The CONTRACTOR shall post on each project site a notice, in the text,form and manner prescribed by the Texas Workers'Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 12.11. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project,to: 12.11.1. and filing of any coverage agreements,that meets the statutory provide coverage,based on proper reporting of classification codes and payroll amounts requirements of Texas Labor Code,Section 401.011(44)for all its employees providing services on the project,for the duration of the project; 12.11.2. provide to the CONTRACTOR,prior to that person beginning work on the project,a certificate of coverage showing that coverage is being provided for all employees of the person providing services on a project,for the duration of the project; 12.11.3. provide the CONTRACTOR, prior to the end of the coverage period,a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 12.11.4. obtain from each other person with whom it contracts,and provide to the CONTRACTOR: 12.11.4.1. a certificate of coverage,prior to the other person beginning work on the project;and 12.11.4.2. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project 12.12. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 12.12.1. notify the OWNER in writing by certified mail or personal delivery,within 10 calendar days after the person knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project; and 12.12.2. contractually require each person with whom it contracts, to perform as required by paragraphs(A thru G),with the certificates of coverage to be provided to the person for whom they are providing services. 12.12.3. By signing the solicitation associated with this specification,or providing,or causing to be provided a certificate of coverage,the Contractor is representing to the Owner that all employees of the Contractor who will provide services on Page 6 of 12 SPECIFICATION NO. 00-200-88-01 DATE: JUNE 2005 the project will be covered by workers'compensation coverage for the duration of the project,that the coverage will be based on proper reporting of classification codes and payroll amounts,and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties,civil penalties, or other civil actions. 12.12.4. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor that entitles the Owner to declare the contract void if the Contractor does not remedy the breach within ten calendar days after receipt of notice of breach from the owner. 13. LIENS: Vendor agrees to and shall indemnify and save harmless the City against any and all liens and encumbrances for all labor,goods and services which may be provided under the resulting agreement. At the City's request the Vendor or subcontractors shall provide a proper release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City. 14. VENUE: Both the City and the Vendor agree that venue for any litigation arising from a resulting agreement shall lie in Williamson County. 15. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be considered an employee of the City. The Contractor shall not be within protection or coverage of the City's Worker'Compensation insurance, Health Insurance, Liability Insurance or any other insurance that the City from time to time may have in force and effect. 16. AGREEMENT: The term of the Agreement resulting from the solicitation may be for five consecutive 12 month periods of time from the effective date and shall remain in full force and effect unless and until it expires by operation of the term stated or until terminated or extended as provided herein.The City reserves the right to: 16.1. Renew Agreement for two(2)additional periods of time not to exceed twelve(12)months for each renewal provided both parties agree. - 16.2. Review the following at the end of each twelve-month review period or renewal: 16.2.1. Vendor performance 16.2.2. Price "16.2.3. Continuing need 16.2.4. Advancements in technologies and or service 16.3. The City may terminate the Agreement with or without cause or may continue through the next twelve-month review or renewal period. 17. PRICE: Agreement price(s)shall be firm for the duration of the agreement,except as provided for herein. 17.1. The City reserves the sole option to allow"unit price"adjustments upward only as a result of a cost increase in good or services in accordance with the Producers Price Index at hftp://stats.bls.gov/9p i/homehtm 17.2. Vendor shall request price increase in writing at least 120 days prior to the agreement review or renewal date. 17.2.1. Request shall be accompanied by the appropriate documentation to justify the increase. 17.3. Vendor may offer price decreases at any time during the Agreement or renewal term. 18. ORDER QUANTITY: The quantities shown on the IFB are estimates only. No guarantee of any minimum or maximum purchase is made or implied. The City will only order the quantity of goods and or services needed to satisfy operating requirements,which may be more or less than indicated. Page 7 of 12 SPECIFICATION NO. 00-200-88-01 DATE: JUNE 2005 19. NON-APPROPRIATION:The resulting Agreement is a commitment of the City's current revenues only. It is understood and agreed the City shall have the right to terminate the Agreement at the end of any City fiscal year if the governing body of the City does not appropriate funds sufficient to purchase the estimated yearly quantities, as determined by the City's budget for the fiscal year in question. The City may effect such termination by giving Vendor a written notice of termination at the end of its then current fiscal year. 20. CANCELLATION:The City reserves the right to cancel the Agreement without penalty by providing 30 days prior written notice to the other party. Vendor shall provide the City with 90 days written notice prior to cancellation of the Agreement and shall continue services for a period of time not to exceed 120 days after written notification. Termination under this paragraph shall not relieve the Vendor of any obligation or liability that has occurred prior to cancellation. NOTE: This Agreement is subject to cancellation,without penalty,at any time the City deems the vendor"to be non-compliant with contractual obligations. 21. AGREEMENT ADMINISTRATOR: All work performed under this Agreement will be supervised and verified by the City representative(s)noted below. Police Dept Fire Dept Jennifer Soto @ 512-218-6675 Charles Meserole @ 512-218-6203 PART 111 SPECIFICATIONS 1. SCOPE: This specification describes a service to provide City's Police and Fire Departments with uniforms for Patrol, K-9,Animal Control, Explorers, Honor Guard, Firefighter's standard and Dress.Vendor shall provide services to include, but not limited to on-site sizing, minor and major alterations and delivery; maintaining all sizing profiles and adequate stock of garments to outfit new officers and replace garments as needed and in the specified time period throughout the contract and any renewal period. 2. INTENDED USE: It is the intent of the City outfit each police officer and firefighter with a wardrobe of the brands specified below to maintain uniformity, standardization and the quality appearance of our officers within the community. All garment care will be as recommended by the manufacturer. 3. STANDARD ISSUE: 3.1. Police: Initial wardrobe consists of three long-sleeved and four short-sleeved shirts,five trousers (1 w/strip),jacket with patches and raincoat;thereafter, individual pieces are replaced as needed. 3.2. Firefiahter: Initial wardrobe for firefighters consists of two long sleeved and four short sleeved shirts, four trousers,jacket with patches and windbreaker, thereafter, individual pieces shall be replaced as needed. 4. BRANDS: The uniform manufacturers and style listed are required for durability and availability, as well as standardization, uniformity within each department and the quality appearance of our officers within the community. NOTE: Any other brand or style not specifically requested will not be considered. Page 8 of 12 SPECIFICATION NO. 00-200-88-01 DATE: JUNE 2005 5. SIZES: All shirts and trousers furnished shall be manufacturer's standard off the shelf sizes. Sizes shall include, but not be limited to the following: 5.1. Shirts: NOTE: not all sleeve lengths are required for every size Men's Women's Collar sizes—14.5 through 19.5 Collar sizes—14 through 17.5 Sleeve length -31/32 through 36/37 Sleeve lengths—31/32 through 34.5 Chest size, reg. and'/ sizes 20 thru 30.5 Bust size, reg. and '/Z sizes—19 thru 26 5.2. Trousers: All trousers furnished shall be manufacturer's standard off the shelf sizes. Sizes shall include, but not be limited to the following: NOTE: Sizes shall come in regular lengths and some long lengths. Men's Women's Waist sizes—28 through 54 Pant sizes—6 through 24 Men's Fire Waist sizes—X-Small through XXX-Large 6. LABELING: All garments shall be permanently labeled with the manufacturer,country of origin, size,fabric content and care instructions. 7. PRESSING AND FINISHING: 7.1. Shirts shall have all loose threads trimmed and garments shall be pressed completely before packaging. 7.2. Trousers shall have all loose threads trimmed and be completely pressed properly with the seat seam, inseam and outseam pressed open. 8. PATROL: Uniform shall be Blauer"police blue"in the styles specified below. 8.1. Shirt:"Z"=zipper 8.1.1. Male Short Sleeve: Blauer#8410Z Long Sleeve: Blauer#8400Z 8.1.2. Female: Short Sleeve: Blauer#8410WZ Long Sleeve: Blauer##8400WZ 8.2. Trouser: 8.2.1. Male-Blauer style No.8510 8.2.2. Female- Blauer style No. 8510W 8.2.3. Striping: When specified, a strip shall be applied to trouser leg when manufactured or aftermarket. Striping shall be a two-color braided stripe approximately Y2 inch wide, 1/8 inch black on both sides and '/.inch inside royal blue. Example: Rice Braid Article#ON2008(Black/Royal 63). 8.3. Jacket: Blauer style No.6125, dark navy,Taslon nylon B. Dry shell,waterproof, windproof, breathable lining,zip-out b. warm insulated quilted liner with zip-off sleeves. 8.4. Raincoat: Blauer style No.26990, black reversing to HI-Vis yellow with Scotchlite reflective trim around chest and cuffs 8.4.1. Transfer: Unless otherwise specified, all raincoats shall have heat transfers on inside and outside of the coat. The transfer shall spelled out"POLICE" in three and one half inch reflective letters across the back. Letters shall be reflective: Page 9 of 12 SPECIFICATION NO. 00-200-88-01 DATE: JUNE 2005 8.4.1.1.White on the black side of coat 8.4.1.2. Silver on the yellow side of coat. 9. HONOR GUARD: Uniform shall be Blauer"police blue"in the styles specified below. 9.1. Shirt: Long Sleeve: Blauer style No. 8400Z/8400WZ except Shoulder Epaulets are customized with a Royal Blue Merrowed Border and nine Gold'P"buttons (8 piece with hardware/1 piece sewn) 9.2. Trouser: Blauer style No. 8510/8510W with striping identified in paragraph 7.2.3. 10. ANIMAL CONTROL: 10.1. Shirt: Horace Small in 100 percent Polyester, French Blue, five-crease Military style. 10.1.1. Male Short Sleeve: Horace Small Style No.Z959FB Long Sleeve: Horace Small Style No.ZZ919FB 10.1.2. Female: Short Sleeve: Horace Small Style No.Z975FB Long Sleeve: Horace Small Style No.Z905FB 10.2. Pant: BDU type, Dark Navy, 65 percent Poly/35 percent Cotton Ripstop 10.2.1. Propper style No. F520138405 11. EXPLOYER: Tactical short sleeve, dark navy, 65 percent poly/35 percent Cotton Ripstop. 11.1. Shirt: Propper Style F530138405 12. KK=9: BDU Battle Dress Uniform, Black, 65 percent poly/35 percent Cotton Ripstop 12.1. Shirt: Two pocket long sleeve, Propper style No. F545238001 12.2. Pants: Propper style No F520138001 13. FIREFIGHTER: 13.1. Work uniforms shall be in the styles.specified below: 13.1.1. Shirt: Topps"light blue" Button Type, Male 13.1.1.1. Short Sleeve,#SH99 0200 13.1.1.2. Long Sleeve,#SH97 0220 13.1.2. Trouser: Workrite Style#475NMX75NB 13.1.3. Jacket: Blauer style#61206K, black,Talson nylon B. Dry shell,waterproof windproof, breathable lining,zipout,warm insulated quilted liner with silver or gold FD buttons and Round Rock patches (City will provide). 13.1.4. Windbreaker: Liberty style#560MNV,dark blue,waterproof and windproof. 13.2. Dress uniforms shall be Fechheimer, Dark Navy in the styles specified below: 13.2.1. Blazer: Model# 17138696C with badge tab 13.2.2. Pants: Model#28P8696 13.2.3. Belt: Patent leather#6580 13.2.4. Shoes: Patent leather#831-6027 Page 10 of 12 SPECIFICATION NO. 00-200-88-01 DATE: JUNE 2005 13.2.5. Cap: Cap Dress Model#9807 13.2.6. Insignia: Insignia Cap 13.2.7. Cross: Maltese Cross for every five years of service sewn on left sleeve 13.2.8. Stripe: Striping, Rice#7257, 1/3 inch, silver. Stripe shall be three inches up from hem on left and right sleeve. 14. SERVICE REQUIREMENTS:The Vendor shall: 14.1. Have sample sizes available for sizing officers 10 days after notice of award of contract and shall do initial sizing of each officer at Department or Vendor's location, whichever arrangement is agreed to by the City representative. 14.2. Dedicated at least one representative for a minimum of one full workday per month or as need to size officers and firefighters. 14.3. Coordinate with City Representatives to schedule routine sizing schedules for new officers. 14.4. Maintain adequate shelf stock to provide uninterrupted services 14.5. Alter standard size garment(s), if needed to accomplish more satisfactory fit. The Contactor shall alter: 14.5.1. Any shirt exhibiting a total of more than three inches of excess material in the body,with or without the wearing of a ballistic vest underneath,whichever may be the case for the individual being fitted. 14.5.2. Provide an upsize in trouser if needed or requested to obtain proper fitting in the thigh and/or seat area. Altering waist,thigh, seat and crotch as required obtaining a proper fit. 14.5.3. Alterations shall include, but not be limited to the following: Minor Alterations Maior Alterations Hemming trouser Striping of trouser Sewing on patches, Waist altering chevrons, stripes Altering long sleeves Tapering shirt Tapering trouser leg Removing/adding patches Thigh, seat and crotch of trouser Sew trouser pocket closed Alter and hem shirt tail 14.6. Provide on-site sizing at City location for officers and firefighters to be fitted for uniforms bi-monthly or as needed to provide the timeliness of new and existing officers being outfitted. 14.7. Standard uniforms shall be delivered to the City within three days after receipt of order. 14.8. Altered uniforms shall be delivered to the City within no more than ten days after receipt of order. 14.9. Issue uniforms only upon receipt of a purchase order. 14.10. Maintain sizing profile on each officer(prefer Excel spreadsheet)including the required alterations to assist in expediting the delivery of future replacement garments. NOTE: Sizing information shall be the property of the City 14.11. Provide to the City the name and telephone number of Vendor's representative. Page 11 of 12 SPECIFICATION NO. 00-200-88-01 DATE: JUNE 2005 PART III ACCEPTANCE AND PAYMENT 1. ACCEPTANCE: Acceptance inspection should not take more than five working days. The vendor will be notified within this time frame if the item(s)delivered is not in full compliance with the specifications. If any purchase order is canceled for non-acceptance, the needed items may be purchased elsewhere and the vendor may be charged full increase, if any, in cost and handling. 2. INVOICING: Vendor shall submit one original and one copy of each invoice on a monthly basis to the following address: City of Round Rock Finance Department 221 East Main Street Round Rock,TX78664-5299 3. PROMPT PAYMENT POLICY: Payments will be made within thirty days after the city receives the supplies, materials, equipment, or the day on which the performance of services was completed or the day on which the City receives a correct invoice for the supplies, materials, equipment or services,whichever is later. The Vendor may charge a late fee(fee shall not be greater than that which is permitted by Texas law)for payments not made in accordance with this prompt payment policy; however,this policy does not apply to payments made by the City in the event: 3.1. There is a bona fide dispute between the City and Vendor concerning the supplies, materials, services or equipment delivered or the services performed that causes the payment to be late;or 3.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or 3.3. There is a bona fide dispute between the Vendor and a subcontractor or between a subcontractor and its suppliers concerning supplies, material, or equipment delivered or the services performed which caused the payment to be late; or 3.4. The invoice is not mailed to the City in strict accordance with instructions, if any,on the purchase order or agreement or other such contractual agreement. 4. OVERCHARGES: Vendor hereby assigns to purchaser any and all claims for overcharges associated with this agreement which arise under the antitrust laws of the Untied States, 15 USGA Section 1 et seg.,and which arise under the antitrust laws of the State of Texas, Bus. and Com. Code, Section 15.01, et sea. Page 12 of 12 DATE: October 7, 2005 SUBJECT: City Council Meeting - October 13, 2005 ITEM: 10.6.1. Consider a resolution authorizing the Mayor to execute an Agreement for the Purchase of Police and Fire Department Uniforms from Miller Uniforms & Emblems, Inc. Deuartment: Police Department Staff Person: Rick White, Management Analyst Justification: The City periodically seeks new vendors for the goods and services it buys. This contract for Police and Fire uniforms is the result of the city bid process, and Miller Uniforms & Emblems Inc. was found to be the best bidder. The contract sets out the prices for the various uniform pieces and, as such, a total contract award is not available. Funding: Cost: NA Source of funds: General Fund Background Information: This contract is with the current uniform vendor for Police and Fire uniforms. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS CITY OF ROUND ROCK AGREEMENT FOR PURCHASE OF POLICE AND FIRE DEPARTMENT UNIFORMS FROM MILLER UNIFORMS & EMBLEMS,INC. THE STATE OF TEXAS § CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENT: COUNTY OF WILLIAMSON § That this Agreement for purchase of Police Department uniforms (for Patrol, K-9, Animal Control, Explorers, and Honor Guard) and for purchase of Fire Department uniforms, and for related goods and services, referred to herein as the "Agreement," is made and entered into on this the LL2) day of the month of 0CJJ086y , 2005,by and between the CITY OF ROUND ROCK, TEXAS, a home-rule municipality whose offices are located at 221 East Main Street, Round Rock, Texas 78664, referred to herein as the"City," and MILLER UNIFORMS & EMBLEMS, INC., whose offices are located at 650 Cannon Street, Austin, Texas 78752, referred to herein as the "Vendor." This Agreement supersedes and replaces any previous agreement between the named parties, whether oral or written, and whether or not established by custom and practice. RECITALS: WHEREAS, City desires to purchase Police Department uniforms for Patrol, K-9, Animal Control, Explorers, and Honor Guard, and to purchase Fire Department uniforms for work and dress, and to purchase associated services including but not limited to on-site sizing, minor and major alterations, delivery, maintenance of all sizing profiles and adequate stocks of garments, and City desires to purchase same from Vendor; and WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods and services, and City has selected the Bid submitted by Vendor; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties, and obligations; NOW, THEREFORE: WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties mutually agree as follows: 00090687/jkg R-05-10-13-1081 1.01 DEFINITIONS A. Agreement means the binding legal contract between City and Vendor whereby City is obligated to buy specified goods and Vendor is obligated to sell specified goods. The Agreement includes the following: (a) City's Invitation for Bid designated as IFB 05-005, Specification Number 00-200-88-01 revised June 2005; (b) Vendor's Response to IFB; (c) the contract award; and (d) any exhibits, addenda, and/or amendments thereto. Any inconsistencies or conflicts in the contract documents shall be resolved by giving preference in the following order: (1) This Agreement; (2) Purchaser's Response to IFB; (3) City's Invitation for Bids, exhibits, and attachments. B. City means the City of Round Rock, Williamson and Travis Counties, Texas. C. Effective Date means the date upon which the binding signatures of both parties to this Agreement are affixed. D. Force Majeure means acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind from the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government and the people, civil disturbances, explosions, or other causes not reasonably within the control of the party claiming such inability. E. Goods mean the specified supplies,materials, commodities, or equipment. F. Vendor means Miller Uniforms & Emblems, Inc., or any successors or assigns. 2.01 EFFECTIVE DATE, INITIAL TERM,AND ALLOWABLE RENEWALS A. This Agreement shall be effective on the date it has been signed by both parties hereto, and shall remain in full force and effect unless and until it expires by operation of the term stated herein, or until terminated or extended as provided herein. B. The initial term of this Agreement is for twelve (12) months from the effective date hereof. After that initial term, this Agreement may be renewed for successive terms of twelve (12) months each, not to exceed in the aggregate four (4) such renewals, with such renewals to occur on or before the expiration date of the preceding term, and with such renewals being absolutely predicated upon the express written agreement of both parties. Such renewals are permitted only provided Vendor has performed each and every contractual obligation specified in this original Agreement. 2 C. City reserves the right to review the relationship at any time, and may elect to terminate this Agreement with or without cause or may elect to continue. 3.01 CONTRACT DOCUMENTS AND EXHIBITS City selected Vendor as the integrator of choice to supply the goods as outlined in IFB 05-005, Specification Number 00-200-88-01 revised June 2005, and Response to IFB submitted by Vendor, all as specified in Exhibit "A" attached hereto and made a part hereof for all purposes. The intent of these documents is to formulate an Agreement listing the responsibilities of both parties as outlined in the IFB and as offered by Vendor in its Response to the IFB. The goods which are the subject matter of this Agreement are described in Exhibit "A" and, together with this Agreement, comprise the total Agreement and they are fully a part of this Agreement as if repeated herein in full. 4.01 ITEMS AWARDED All bid items on Exhibit"A" are awarded to Vendor. 5.01 COSTS Bid costs listed on Exhibit"A"shall be the basis of any charges collected by Vendor. 6.01 INVOICES All invoices shall include, at a minimum, the following information: A. Name and address of Vendor; B. Purchase Order Number; C. Description and quantity of items received; and D. Delivery dates. 7.01 NON-APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may effect such termination by giving Vendor a written notice of termination at the end of its then current fiscal year. 3 8.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Vendor will be made within thirty(30) days of the day on which City receives the performance, supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for the performance and/or deliverables or services, whichever is later. Vendor may charge a late fee of one percent (1%) for payments not made in accordance with this Prompt Payment Policy; however, this Policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Vendor concerning the supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between any of the parties and subcontractors or between a subcontractor and its suppliers concerning supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or D. Invoices are not mailed to City in strict accordance with instructions, if any, on the purchase order or the Agreement or other such contractual agreement. 9.01 GRATUITIES AND BRIBES City may, by written notice to Vendor, cancel this Agreement without liability to Vendor if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by Vendor or its agents or representatives to any City officer, employee or elected representative with respect to the performance of this Agreement. In addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code. 10.01 TAXES City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Vendor's charges. 11.01 ORDERS PLACED WITH ALTERNATE VENDORS If Vendor cannot provide the goods as specified, City reserves the right and option to obtain the products from another supplier or suppliers. 4 12.01 INSURANCE Vendor shall meet all requirements as stated in the attached Invitation for Bid No. IFB 05-005 and its bid response. 13.01 CITY'S REPRESENTATIVE City hereby designates the following representatives authorized to act in its behalf with regard to this Agreement: For Police Department: Jennifer Soto Logistics Officer I Round Rock Police Department, Patrol Division 615 East Palm Valley Boulevard Round Rock, Texas 78664 512-218-6675 For Fire Department: Charles Messerole Fire Logistics Officer II Round Rock Fire Department 2919 Joe DiMaggio Boulevard Round Rock, Texas 78664 512-218-3203 14.01 RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other party's intent to perform hereunder, then demand may be made to the other party for written assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made, then and in that event the demanding party may treat such failure as an anticipatory repudiation of this Agreement. 15.01 DEFAULT If Vendor abandons or defaults under this Agreement and is a cause of City purchasing the specified goods elsewhere, Vendor agrees that it may be charged the difference in cost, if any, and that it will not be considered in the re-advertisement of the service and that it may not be considered in future bids for the same type of work unless the scope of work is significantly changed. 5 Vendor shall be declared in default of this Agreement if it does any of the following: A. Fails to make any payment in full when due; B. Fails to fully, timely and faithfully perform any of its material obligations under this Agreement; C. Fails to provide adequate assurance of performance under the "Right to Assurance" section herein; or D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States. 16.01 TERMINATION AND SUSPENSION A. City has the right to terminate this Agreement, in whole or in part, for convenience and without cause, at any time upon thirty(30)days' written notice to Vendor. B. In the event of any default by Vendor, City has the right to terminate this Agreement for cause, upon ten(10)days' written notice to Vendor. C. Vendor has the right to terminate this Agreement only for cause, that being in the event of a material and substantial breach by City, or by mutual agreement to terminate evidenced in writing by and between the parties. D. In the event City terminates under subsections (A) or (B) of this section, the following shall apply: Upon City's delivery of the referenced notice to Vendor, Vendor shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders and contracts are chargeable to this Agreement. Within thirty (30) days after such notice of termination, Vendor shall submit a statement showing in detail the goods and/or services satisfactorily performed under this Agreement to the date of termination. City shall then pay Vendor that portion of the charges, if undisputed. The parties agree that Vendor is not entitled to compensation for services it would have performed under the remaining term of the Agreement except as provided herein. 17.01 INDEMNIFICATION Vendor shall defend (at the option of City), indemnify, and hold City, its successors, assigns, officers, employees and elected officials harmless from and against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of Vendor, or Vendor's agents, employees or subcontractors, in the performance of Vendor's obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be deemed to limit the rights of City or Vendor (including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. 6 18.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES Vendor, its agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules and regulations promulgated by local, state and national boards,bureaus and agencies. 19.01 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party shall assign, sublet or transfer any interest in this Agreement without prior written authorization of the other party. 20.01 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: 1. When delivered personally to the recipient's address as stated in this Agreement; or 2. Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Vendor: Miller Uniforms & Emblems, Inc. 650 Cannon Street Austin, TX 78752 Notice to City: Assistant City Manager Stephen L. Sheets, City Attorney 221 East Main Street AND TO: 309 East Main Street Round Rock, TX 78664 Round Rock, TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Vendor. 21.01 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions 7 herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 22.01 EXCLUSIVE AGREEMENT This document, and all appended documents, constitutes the entire Agreement between Vendor and City. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. 23.01 DISPUTE RESOLUTION If a dispute or claim arises under this Agreement, the parties agree to first try to resolve the dispute or claim by appropriate internal means, including referral to each party's senior management. If the parties cannot reach a mutually satisfactory resolution, then and in that event any such dispute or claim will be sought to be resolved with the help of a mutually selected mediator. If the parties cannot agree on a mediator, City and Vendor shall each select a mediator and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney fees, associated with the mediation shall be shared equally by the parties. City and Vendor hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14)or any applicable state arbitration statute. 24.01 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 25.01 MISCELLANEOUS PROVISIONS Standard of Care. Vendor represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices. Time is of the Essence. Vendor understands and agrees that time is of the essence and that any failure of Vendor to fulfill obligations for each portion of this Agreement within the 8 agreed timeframes will constitute a material breach of this Agreement. Vendor shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Vendor's failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. Force Majeure. Neither City nor Vendor shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible as defined herein. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which shall be considered an original of this document; and all of which, when taken together, shall constitute one and the same instrument. IN WITNESS WHEREOF, City and Vendor have executed this Agreement on the dates indicated. City of Round Rock, e s Miller Uniforms.& EmMemw, inc. j �. . By: y: �: c,,�." B N e ayor Title: j . . rte'• at igned: )D-13-0 5 Date Signed: WNZ Attest: By: SPcretaryAT Christine R. Martinez, City Approve to Form: By: Steph . Sheets, City. Attorney 9 EXHIBIT INVITATION FOR BID(IFB) CITY OF ROUND ROCK PURCHASING OFFICE , 221 E.Main Street "A" Round Rock,Texas 78664-5299 BIDS ARE DUE TO THE PURCHASING OFFICE BIDDING INFORMATION: AT THE ABOVE ADDRESS BEFORE BID FACSIMILE RESPONSES POLICE&FIRE UNIFORMS OPENING TIME. SHALL NOT BE ACCEPTED BID NUMBER 05-005 OPENING DATE: 7/5/2005 TIME:3:00PM INVOICE TO: BID LOCATION: 221 East Main Street,Council Chambers, Round Rock TX 78664 City of Round Rock RETURN SIGNED ORIGINAL AND ONE COPY OF BID Accounts Payable SHOW BID OPENING DATE&BID NUMBER 221 East Main Street IN LOWER LEFT HAND CORNER OF BIDDER SHALL SIGN BELOW Round Rock, Texas 78664 SEALED BID ENVELOPE SHOW RETURN Failure to disqualify bid ADDRESS OF BIDDING FIRM. L Authonzed Signature BID F.O.B.DESTINATION UNLESS OTHERWISE SPECIFIED BELOW Print Name DESTINATION: SEE 1.7 ON BACK FOR INSTRUCTIONS: TAX ID NO.: , 3-73 City of Round Rock ��Nts LEGAL BUSINESS NAME: Police Dept,615 Palm Valley, ADDRESS: Fire Dept,203 Commerce, S _�� -? 1 L- Round Rods,Texas 78664 ADDRESS: CONTACT: Q � �- TELEPHONE NO.: 6�- 2-HYD 7-—5-�g� BUSINESS ENTITY TYPE: 0 "By the signature hereon affixed,the bidder hereby certifies that neither the bidder nor the entity represented by the bidder,or anyone acting for such entity has violated the antitrust laws of this State,codified in Section 15.01 et seq.,Texas Business and Commerce code,or the Federal antitrust laws,nor communicated directly or indirectly,the bid made to any competitor or any other person engaged in such line of business." Bidder agrees to comply with all conditions set forth below and on the reverse side of this IFB. Best Bid:All bids received shall be evaluated based on the best value for the City,which will be determined by considering all or part of the following criteria: Bid Price, Reputation of Bidder and the Extent to which the goods or services meet the City's needs and Bidder's past relationship with the City. This is for a multiple year agreement for Police and Fire Uniforms in accordance with specification No.00-200-88-01, revised 6 2005(12 pgs) The quantities shown are estimates for a twelve month period only. No guarantee of any minimum or maximum purchase is made or implied. The City will only order the amount needed to satisfy operating requirements. ITEM* CLASS&ITEM DESCRIPTION QTY UNIT UNIT COST 200-88 ExTENs10N Patrol-Blauer-Short Sleeve,Men,#8410Z with minor 1 alterations. 144 (p2. OQ 9,�S1.0() T2altera,tions. -Blauer-Short Sleeve, Men,#8410Z with major 144 EA 62.00 nov. &0 -Blauer-Short Sleeve,Women,#8410WZ with 3 minor alterations. 15 EA 6 9�• 00 17-30-00 Patrol-Blauer-Short Sleeve,Women,#8410WZ with b - df7 4 major alterations 15 EA qi' 3 o- 00 1 O 5 W. ITEM# CLASS 6 ITEM DESCRIPTION QTY UNIT 200-88 UNIT COST EXTENSION Patrol-Blauer-Long Sleeve, Men, #8400Z with minor 5 alterations. 50 EA 70. 00 300,06 Patrol-Blauer-Long Sleeve, Men, #8400Z with major 6 alterations. 50 EA 70. 00 3SQ0.00 Patrol-Blauer-Long Sleeve, Women,#8400WZ with 7 minor alterations. 10 EA 70,DD 100"00 Patrol-Blauer-Long Sleeve,Women,#8400WZ with 8 ma'or alterations. 10 EA 70.040 700. 0 Patrol-Blauer-Trouser Men,#8510 with minor 9 alterations. 130 EA 76. 50 4 9K00 Patrol-Blauer-Trouser Men,#8510 with major 10 alterations. 130 EA 76-_5D Q 4�s 00 11 Patrol-Blauer-Trouser Men,#8510 with striping 6 EA 0 ol-90 1/9 7, S/d Patrol-Blauer-Trouser Women#8510W with minor 12 alterations. 5 EA 76, �� 51-0 Patrol-Blauer-Trouser Women#8510W with major 13 alternations. 5 EA �63�0� S(1 14 Patrol-Blauer-Trouser Women#8510W with stri in . 2 EA 15 Jacket-Blauer#6125 20 EA / gQ,00 16 Raincoat-Blauer#26990 43 Eq 9(�• JPO ql y �Q 17 Honor Guard-Blauer shirt,long sleeve,#8400Z 15 EA 8 7 6-0 �3l a SCJ 18 Honor Guard-Blauer shirt,Ion sleeve#8400WZ 3 EA 7 S0 a, S'O Animal Cntrl-Shirt, short sleeve, Horace Small, Male _ J23An19 #Z959FB 10 EA imal al Cntrl-Shirt, long sleeve, Horace Small, Male p 19FB 5 EA 3 7 10 Q�'.on l Cntrl-Shirt, short sleeve,Horace Small, Female FB 25 EA l Cntrl-Shirt, long sleeve, Horace Small, Female Gj p FB 15 EA 3 • 70 ,j 7 S 540 Cntrl -Pant, Propper#F530138405 30 EA 9Jo�.SSD q 76-, 00 20F 5 • r ITEM* CLASS&ITEM DESCRIPTION QTY UNIT 200-88 UNIT COST EXTENSION r53a syos 24 Ex to er-Shirt, Propper#P529498@OT 30 EA -39- 570 �Zj OQ 25 K-9-Shirt, BDU, Black Propper#F545238001 40 EA 3a- 6-0 00. 00 26 K-9-Pants, Propper#F520138001 40 EA off. S'O /300, pro - Firefighter-Work Shirt, Short Sleeve,Topps 27 #SH990220, Light Blue 400 EA y*ZoVio.Oa Firefighter-Work Shirt, Long Sleeve,Topps 28 #SH970220, Light Blue 100 EA . Y0�✓ 40 Firefighter-Work Trouser, Workrite#475NMX75NB, 29 Navy /.on S - 200 200 EA !d�• / O-Lo x'024.06 Firefighter-Jacket, Blauer#6120BK,Black with silver or 3p gold FD buttons 30 EA / �� 'j 818 00 S( Firefighter-Windbreaker, Liberty#560MNV,waterproof &windproof,dark blue 30 EA d23. 50 '70pd 3A Firefighter-Dress Blazer, Fecheimer#1 7B8696C w/bad tab,dark navy 20 EA 931.00 4/Wtp.ap S3 Firefi hter-Dress pants, Fecheimer#28P8696, dark na 20 EA -7y 70 3 - Fiirefi hter-Dress Belt,Patent leather#6580 20 EA /f,00 38U,OlJ Firefi hter-Dress Shoes,Patent leather#831-6027 20 PAIR fig,00 OD 3 Firefi hter-Dress Cap,Dress#9807 20 EA 5�/.00 11707-0.04 3 Firefi hter-Dress Cross, Maltese,left sleeve 40 EA /, qS 'J�'-o0 Firefighter-Dress Stripe, left&right sleeve 40 PAIR /Q• Q0 00.00 to lea �ort� -*e Dt - �.'Z• 50 ea overs GRAND TOTAL CI�71 70 Po l ce / We c OA_:;f-1000IA/// A/(4 'S DELIVERY IN I/8' /0 DAYS )C- YAW Pr-i&5 �vofV 0'e n f ire/vWo- v✓ersixes. 30F 5 BIDDING INSTRUCTIONS ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF BID ANY EXCEPTIONS THERETO MUST BE IN WRITING 1. BIDDING REQUIREMENTS: 1.1 Bidding requires pricing per unit shown and extensions. It trade discount is shown on bid, it should be deducted and net line extensions shown. Bidders guarantees product offered will meet or exceed specifications identified in this Invitation For Bid(IFB). 1.2 Bids stould be submitted on this form. Each bid shall be placed an a separate envelope completely and Properly identified. See instructions on in the office of the City Purchasing Agent before the tour and date specified on the reverse side of thus IFB. reverse side. Bids must be 1.3 late bids properly Identified will be returned to bidder unopened. Late bids will not be considered. 1.4 Bid F.O.B.destination,freight,prepaid.&allowed unless otherwise specified on the IFB. if otherwise,show exact cost to deliver. 1.5 Bill unit will notprice quantity and unit be Considered. of measure specified,extend and show total. In case of emxs in extension, unit prices shall govern. Bids subject to unlimited price 1.6 Bis shall be firth for acoeptance 30 days from bid opening date. "Discount from Lisp bids are not acceptance unless requested. Cash discount will not be determining the low bid. AN cash discounts offered will be taken if earned. 1.7 Bids shag give Tax Identification Number,full name and address of bidder. Failure to sign will disqualify bid. Person signing bid shag show little and autxx*b bind signatories firm in a contract. Fishoukh on each page in the block provided in the upper right comer. Business Fruity shag be one(1)of the following dxwm on anal Security Sole Proprietorship, Non refit,all others shag be specified. PIDIVIDUAL:List name and number as Of entity and Taxi Identification Numardber(T ROPRIETORSHIP name followed by legal business name and S Security Number ALL OTHERS;List legal name 1.8 Bid cannel be mor as after opening time. Any Alterations made before opening time shall be initialed by bidder or an authorized agent No bid can be withdrawn atter approval of the CITY based on a written acceptable reason. 1.9 The City is exempt from State Sales Tax and Federal Excise Tax. Do not andude tax In bud. 1.10 The made it the sole reserves theeightion of to accept or reject all or any part of bid,waive minor technicalities es and award the bid best serve the interests of the City,Split awards may be 1.11 Consistent and continued tie buds could cause rejection of bids by the City and/or investigation for antitrust violations. 1.12 Telephone bids and facsimile bids are not acoeptable in response to the IFS. 1.13 CAUTION:Bid Invitation allows sufficient time for receipt of the preferred mail response. The City shag not be responsible for buds received late,illegible,incomplete,or otherwise non-responsive 2. SPECIFICATION: 2.1 Any catalog.and brand name or manufacture's reference used in IFB is descriptive only(rot rasbicdve).and is used to indicate type and quality desired. Bids on brands of like quality will be considered unless advertised under the provisions of Section 252.022 of the Texas Logi Government Code. If other than brand(s)specified is offered.Illustrations and complete descriptions of product offered are requested to be made a part of the bid. If bidder takes no data in bid,bidder will be requ fired b furnish brand names,numbers,etc,as spedfied in the IFB, exceptions b moons or reference 2.2 AN items bid shag be new,in fast class condition.inckx ing containers suitable far shipmerd and storage,unless otherwise kxkated in IFB. Verbal agreements to the contrary will not be reoogrniaed. 2.3 Samples,when requested,must be furnished free of expense to the City. if not destroyed in examination,they will be retumed to the bidder,on request,at budder expense Each . example would be marked with bidders'name and address.City bid number and code. Do not enclose an or attach to bid. 2.4 The City will not be bound by arty oral statement or representation contrary to the written specifications of this IFB. 2.5 Manufacturer's standard warranty shall apply unless olherwase stated in the IFB. 3. TIE BIOS: In case of tie bids,the award will be made in accordance with Section 271.901 of the Texas Local Government Code. 4. DELIVERY: 4.1 Bid should show number of days required to place material in QWs designated location under normal conditions. Failure to state deliver time obligates bidder to complete delivery in fourteen(14)calendar days. thvealistically short or long delivery promises may cause bid to be disregarded. Consistent failure b meetdegverY promises writhed valid reason may cause removal from bid list(See 4.2 following.) 4.2 If delay is foreseen,corrtractor"gme written advised at all tinhes order Defaultnotice b the City The City has the right b extend delivery date lt reasons appear valid.Contractor nest keep the City in Promised delivery(v vitt acceptable reasons)or faihxe b meet elsewhere and charge fug Increase,if any,in cost and handling lo,defaulting contractor. specificationsa utmoriaes b Posesupplies 4.3 No substhugons or cancellations permitted without written approval of the City. 4.4 Delivery shag be made dunng normal working hours only unless pion approval for late delivery has been obtairmed from the City unless otherwise specified in the IFB. 5. ACTION AND TESTS: AN goods Will be subject b Inspection and test by the City b to extent practicable at all times and places. Authorized City personnel shah have 10 any SUPPlises place of business for the purpose of inspecting mere artdise. Tests may be performed on samples submitted with the bid or on samples taken from regular home shipments. 9nthe products wl f edand conditions�r�of the specifications,the cost of the sample used and the cost of the testing shag risk and expense. bated defects may result in revocation of acceptance. in whole or in part may al the Glyn option,be returned b the Vend Ad or held for disposition at Vendor's 6. AWARD OF CONTRACT: A response to an IFB is an otter to contract with the City based upon the terns,conditions,and specifications contained in the IFB Bids do not beoome the conunless and until they are accepted by the City trough its designates and a purchase order is issued. The contract shall be governed,ate,and interpreted under Charter o(the City and the laws of state of Texas. AN contracts are subjed to the approval of the City Council 7. PAYMENT: Vendor shall submit three(3)copies of an invoice showing the purchase order number on all copies. 8. PATENTS AND COPYRIGHTS:The contractor agrees to protect the City from claims involving infringements of patents or copyrights. 9. VENDOR ASSIGNMENTS:Vendor hereby assigns to purchaser any and all damns for overcharges associated with this contract which arise under the antitrust haws of the State of Texas.Tx,Bus.And Comm.Code Ann.Sea 15.01,et seq.(1967). 10. BIDDER AFFIRMATION: 10.1 Signing this bid with a false statement is a material breach of contact and shall void the submitted bid or any resulting contracts,and the bidder shag be removed from all bid Isis. By signature hereon affixed,the bidder hereby certifies that 10.2 The bidder has not given,offered to give,nor intends to give any time hereafter any economic opportunity,future employment,gift ban,gratuity,special discount,tip,favor, or public servant in connection with the submitted bid. 10.3 The budder is not currently delinquent in the payment of any deb(owed the City. 10.4 Neither the bidder nor the firm,corporation, partnership.or any entity represented by the bidder.or anyone acting for such firm,corporation,or entity has violated the antitrust laws of this State codified in Section 15.01 et.Seq.Texas Business and Commercial Code,or the FederalAntitrust Laws.nor corrhrnuunicated directly a indirectly b to bid made any competitor,or any otter person engaged in such fine of business. 10.5 The bidder has not received compensation for participation in the preparation of the specification for Itis IFS. 11. term and conditions NOTE TO BIDDERS:Any terms and conditions attached to bid will not be considered unless the bidder specifically references them on the front of thus bid forth. WARNMIG:Such City of Round rnay an result disqualification of the bid(e.g.bads with the laws of a state other than Texas requirements for prepayment. Limitations on remedies.etc.) The Submission of bids on can accept ms thanbids which contain all the terns and conditions of its formal IFB;in particular,all bidders affirmations and certifications must be included. City bid form may result in disqualification of your bid. 12. INQUIRIES: Inquiries pertaining to bid invitations must give bid number,codes,and opening date. PAGE 4 OF 5 REV:04-04-05 REFERENCE SHEET Please ComDlete and Return This Form with the Solicitation Response SOLICITATION NUMBER: 1 FB 05-005-POLICE&FIRE UNIFORMS BIDDER'S NAME: Att/�yytr, 8 /f'WWWS DATE: d*A Provide the name, address, telephone number and point of contract of at e least three firms that hav utilized similar service for at least 2 year. References may be checked prior to award. Any negative responses received may result in disqualification of bid. 1. Company's Name All S Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number (g-jy ) Fax Number(,7y ) gam_ Yy3a 2. Company's Name r rn ron vw Name of Contact' s `� Title of Contact Present Address - City, State,Zip Code Telephone Number (33� r�SZ Fax Number(S�Z ) 9¢3_ r36o 3. Company's Name Name of Contact Title of Contactu Present Address y (A-4 City, State,Zip Code ---, X .I870l Telephone Number (S-/1- 9 7¢_67-071fFax Number(si?-) 4. Company's Name Name of Contact v ar W veZ Title of Contact S Present Address avv � City,State,Zip Code Y �yS�i n,, �X Telephone Number (s�2 ) 4-71- 44¢ Fax Number g7/-75�r 5. Company's Name s?> fo/, Name of Contact Title of Contact Present Address y� City,State,Zip Code 87D5 Telephone Number Fax Number(57.2_ FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSERATION FROM AWARD Reference Sheet Page 5 of 5 Dated:05//2005 INVITATION FOR BID(IFB) CITY OF ROUND ROCK PURCHASING OFFICE 221 E.Main Street Round Rock,Texas 786645299 BIDS ARE DUE TO THE PURCHASING OFFICE BIDDING INFORMATION: AT THE ABOVE ADDRESS BEFORE 810 FACSIMILE RESPONSES POLICE&FIRE UNIFORMS OPENING TIME. SHALL NOT BE ACCEPTED BID NUMBER 05-005 OPENING DATE: 7/5/2005 TIME:3:OOPM BID LOCATION: 221 East Main Street,Council Chambers, INVOICE TO: Round Rock TX 78664 City of Round Rock RETURN SIGNED ORIGINAL AND ONE COPY OF BID Accounts Payable SHOW BID OPENING DATE&BID NUMBER IN LOWER LEFT HAND CORNER OF BIDDER SHALL SIGN BELOW 221 East Main Street SEALED BID ENVELOPE&SHOW RETURN Failure to sign bid will disqualify bid Round Rock, Texas 78664 ADDRESS OF BIDDING FIRM. Authorized Signature 810 F.O.B.DESTINATION UNLESS OTHERWISE SPECIFIED BELOW Print Name DESTINATION:- SEE 1.7 ON BACK FOR INSTRUCTIONS: TAX ID NO.: City of Round Rock LEGAL BUSINESS NAME: Police Dept,615 Palm Valley, ADDRESS: Fire Dept.,203 Commerce, ADDRESS: Round Rock,Texas 78664 CONTACT: TELEPHONE NO.: =BUSINESSTITY TYPE: "By the signature hereon affixed,the bidder hereby certifies that neither the bidder nor the entity represented by the bidder,or anyone acting for such entity has violated the antitrust laws of this State,codified in Section 15.01 et seq.,Texas Business and Commerce Code,or the Federal antitrust laws,nor communicated directly or indirectly,the bid made to any competitor or any other person engaged in such line of business." Bidder agrees to comply with all conditions set forth below and on the reverse side of this IFB. Best Bid:All bids received shall be evaluated based on the best value for the City,which will be determined by considering all or part of the following criteria: Bid Price, Reputation of Bidder and the Extent to which the goods or services meet the City's needs and Bidder's past relationship with the City. This is for a multiple year agreement for Police and Fire Uniforms in accordance with specification No. 00-200-88-01, revised 6 2005(12 pgs) The quantities shown are estimates for a twelve month period only. No guarantee of any minimum or maximum purchase is made or implied. The City will only order the amount needed to satisfy operating requirements. ITEM Ir CLASS&ITEM DESCRIPTION QTY UNIT UNIT COST EXTENSION v 200-88 Patrol-Blauer-Short Sleeve, Men,#8410Z with minor 1 alterations. 144 EA Patrol-Blauer-Short Sleeve, Men,#841 OZ with major 2 alterations. 144 EA Patrol -Blauer-Short Sleeve,Women,#8410WZ with 3 minor alterations. 15 EA Patrol-Blauer-Short Sleeve, Women,#8410WZ with 4 major alterations 1 15 EA 1 O 5 .RK .............. N 11 Z 121 ITEM# CLASS&ITEM DESCRIPTION QTY UNIT UNIT COST EXTENSION 200-88 Patrol- Blauer-Long Sleeve, Men,#8400Z with minor 5 alterations. 50 EA I Patrol-Blauer-Long Sleeve, Men,#8400Z with major 50 "JA 6 alterations. I EA Patrol -Blauer-Long Sleeve, Women,#8400WZ with 7 minor alterations. 10 EA Patrol-Blauer-Long Sleeve,Women,#8400WZ with 8 major alterations. 10 EA Patrol-Blauer-Trouser Men,#8510 with minor 9 alterations. 130 EA Patrol-Blauer-Trouser Men,#8510 with major 10 alterations. 130 EA EA EA 11 Patrol-Blauer-Trouser Men,#8510 with striping 6 EA I Patrol-Blauer-Trouser Women#8510W with minor Ll 2—alterations. 5 EA 13 Patrol-Blauer-Trouser Women#8510W with major _alternations. 5 EA 14 -IPatrol-Blauer-Trouser Women M10W with striping. 2 EA 15 Jacket-Blauer#6125 20 EA 16 Raincoat-Blauer#26990 43 EA 17 Honor Guard-Blauer shirt,long sleeve.#8400Z 15 EA 18 Honor Guard-Blauer shirt, long sleeve#8400WZ 3 EA Animal Cntrl-Shirt, short sleeve, Horace Small, Male 19 #Z959FB 10 EA Animal Cntrl-Shirt, long sleeve, Horace Small, Male 20 #ZZ919FB 5 EA Animal Cntrl-Shirt, short sleeve, Horace Small, Female 21 #Z975FB 25 EA +Animal Cntrl-Shirt, long sleeve, Horace Small, Female 22 #Z905FB 15 EA 23Animal Cntrl-Pant, Propper#F530138405 30 EA 20F 5 .y:.f1k'•yw'.4 ka:C'.:' t.;nt:,• `•l yc•Y•t>i`•s�• ^...'•;R. : f`•k v:.;.1':x'.�,:.•}...:.;1•: _ - .. k�.x{.�^'.i v �••:i.`•':WX;� v.Y /..•.`:w r�..•'}.��}v. . .•. '.: :.. :..�a2fr..?,�:•xr.•f•.'.y'r.:....::�...+:s';�,`�.••�y, =ITEM * CLASS&ITEM DESCRIPTION 200-88 4TY UNIT UNIT COST 24 Ex 1-y—-Shirt, Pro er#F520138001 30 EA 25 K-9-Shirt, BDU, Black Propper#F545238001 40 EA 26 K-9-Pants, Pro er#F520138001 40 EA Firefighter-Work Shirt, Short Sleeve,Topps 27 #SH990220, Light Blue 400 EA Firefighter-Work Shirt, Long Sleeve,Topps 28 #SH970220, Light Blue 100 EA Firefighter-Work Trouser, Workrite#475NMX75NB, 29 Na 200 EA Firefighter-Jacket, Blauer#6120BK, Black with silver or 31 old FD buttons 30 EA Firefighter-Windbreaker, Liberty#560MNV,waterproof 32 &windproof,dark blue 30 EA Firefighter-Dress Blazer, Fecheimer#17B8696C 33 w/badge tab,dark navy 20 EA 34 Firefighter-Dress pants, Fecheimer#28P8696, dark na 20 EA 35 Fiirefi hter-Dress Belt, Patent leather#6580 20 EA 36 Firefihter-Dress Shoes, Patent leather#831-6027 20 PAIR 37 Firefi hter-Dress Cap, Dress#9807 20 EA 38 Firefighter-Dress Cross, Maltese, left sleeve 40 EA 39 Firefi hter-Dress Stripe, left&ri jht sleeve 40 PAIR GRAND TOTAL DELIVERY IN DAYS 3 OF 5 BIDDING INSTRUCTIONS ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF BID ANY EXCEPTIONS THERETO MUST BE IN WRITING I. BIDDING REQUIREMENTS: 1.1 Bidding requires pricing per unit shown and extensions. If trade discount is shown on bid, it should be deducted and net line extensions shown. Bidders guarantees product offered will meet or exceed specifications identified in this Invitation For Bid(IFB). 1.2 Bids should be submitted on this forth. Each bid shall be placed in a separate envelope completely and property identified. See instructions on reverse side. Bids must be in the office of the City Purchasing Agent before the hour and date specified on the reverse side of this IFS. 1.3 Late bids property identified will be returned to bidder unopened. Late bids will not be considered. 1.4 Bid F.O.B.destination,freight,prepaid,&allowed unless otherwise specified on the IFB. If otherwise,show exact cost to deliver. 1.5 Bid unit price on quantity and unit of measure specified,extend and show total. In case of errors in extension, unit prices shall govern. Bids subject to unlimited price increase will not be considered. 1.6 Bid prices shag be firm for acceptance 30 days from bid opening date. "Discount from List- bids are not acceptance unless requested. Cash discount will not be considered in determining the low bid. All cash discounts offered will be taken if earned. 1.7 Bids shall give Tax identification Number,full name and address of bidder. Failure to sign will disqualify bid. Person signing bid shag show tittle and authority b bind signatories firm in a conttract.PFirm name should appear on each page in the block provided in the upper rift omen Business Entity shall be one(1)of the following: Individual, P Proprietorship, Estate/Trust Corporation, Governmental. Non-profit, all others shall be shown on Social Security legal business name and Social S ity Card. SOLE PROPRIETORSHIP;List legal name followed b ��IDU� name and number e of entity and Tax identification Number(Tin). Security Number. ALL OTHERS;List legal name 1.8 Bid cannot be altered or amended after opening time. Any Alterations made before opening time shall be initialed b bidder or an authorized agent. No bid can be withdrawn after opening time without approval of the CITY based on a written y 1.9 The City is exempt from State Sales Tax and Federal Excise Tax. Do not include tax in bid. 1.10 The City reserves the right b accept or reject all a any part of bid,waive minor technicalities and award the bid to best serve the interests of the City,Split awards may be made at the sok:discretion of the City. 1.11 Consistent and continued tie bids could cause rejection of bids by the City and/or investigation for antitrust violations. 1.12 Telephone bids and facsimile bids are not acceptable in response to the IFB. 1.13 CAUTION:Bid invitation allows sufficient time for receipt of the preferred mail response. The City shall not be responsible for bids received late,illegible,incomplete,or otherwise non-responsive 2. SPECIFICATION: 2.1 Any catalog,brand name or manufacturers reference used in IFB is descriptive only(rat restrictive),and is used to indicate type and quality desired. Bids on brands of like nature and quality will be considered unless advertised under the provisions of Section 252.022 of the Texas Local Government Code. If other than brand(s)specified is data in bid bidders d complete descriptions nt��offered are requested to be made a part of the bid. t bkider takes no exceptions to specifications or reference 2.2 All items bid shag be new, class condition, numbers,and names, ners sub the IFB. contrary will not be recognized. itable for shipmotherwiseuPnt and storage, unless otherwise indicated in IFB. Verbal agreements to the 2.3 Samples.when requested,must be tum fished free of expense to the City. If not destroyed in examination,they will be retuned to the bidder,on request,at bidder expense. Each example should be marked with bidders'name and address,City bid number and code. Do riot enclose in or attach to bid. 2.4 The City wig not be bound by any oral statement or representation contrary to the writers specifications of this IFB. 2.5 Manufacturers standard warranty shall apply unless otherwise stated in the IFB. 3. TIE BIDS: In case of be bids,the award will be made in accordance with Section 271.901 of the Texas Local Goverment Code. 4. DELIVERY: 4.1 Bid should show number of days required to place material in City's designated location under normal conditions. Failure b state deliver time delivery in fourteen(14)calendar days. Unrealistically short or long delivery promises may cause bid to be °blibidder b complete without valid reason may cause removal from bid list.(See 4.2 following.) disregarded. Consistent failure to meet delivery promises 4.2 If delay is foreseen,contractor shag give written notice to the City. The City has the right to extend delivery date ff reasons appear valid.Contractor must keep the City elsadvised ewhere and an tiffm of status of order. Default in promised delivery(witauA acceptable reasons)or failure to meet specifications,authorizes the charge full increase,if any,in cost and handling to defaulting contractor. to Pie supplies 4.3 No substitutions or cancellations permitted without written approval of the City. 4.4 Delivery shag be made during normal working tours only,unless prior approval for late delivery has been obtained from the City,unless otherwise specified in the IFB. 5. INSPECTION AND TESTS: AN goods will be subject to inspection and test by the City to the extent practicable at all times and places. Authorized City personnel shall have access to any suppliers place of business for the purpose of Inspecting merchandise. Tests may be perforated on samples submitted with the bid or on samples taken from re borne ill the supplier. Goods,which stavet . If the products tested fad been to et ore exceed ander conditions and� ts of the specifications,the cost of the sample used and the cost of the ksting shall risk and expense. Latent defects d whole or i^part may,at the City's option,be returnto the Vendor or held for disposition at Verxlors may result in revocation of ARD OF 6. contacts unless and until CONTRACT. A response to an IFB is an offer to contract with the City based upon the terns,conditions,and specifications contained in the IFB Bids do not become the Charter l the �Y are by the City through its des and a purchase order is issued. The Contract Shap be governed,const ued,and interpreted under City arid the laws of State of Texas. All contracts are subject to the approval of the City Council. 7. PAYMENT: Vendor shag submit three(3)copies of an invoice showing the purchase order number on all copies. 8. PATENTS AND COPYRIGHTS:The contractor agrees to protect the City from claims' unvoh^n9 infringements of patents or copyrights. 9. VENDOR ASSIGNMENTS:Vendor hereby assigns to purchaser any and all claims for overcharges associated with this con tract ofTexas.Tx,Bens.And Comm.Code Arm.Sec.15.01,et seq.(1967). which arise under the antitrust laws of the State 10. BIDDER AFFIRMATION: 10.1 Signing this bid with a false statement is a material breach of contract and shag void the submitted bid or any resulting contracts,and the bidder shag be removed from all bid fists. By signature hereon affixed,the bidder hereby certifies that 10.2 The bidder has not givers,offered to give,nor intends to give any time hereafter any economic opportunity,future employment,gift,loan,gratuity,special discount,tip,favor, or service to a public servant in connections with the submitted bid. 10.3 The bidder is not currently delinquent in the payment of any debt owed the City. 10.4 Neither the bidder rho the firm, corporation,parkiership,or any entity represented by the bidder, or anyone acting for such firm,corporation,or entity has violated the antitrust laws 011'this Stab codified in Section 15.01 eL Seq.Texas Business and Commercial Code,or the Federal Antbust Laws,nor communicated directly or indirectly the bid made to any competitor,or any other person engaged in such fine of business. 10.5 The bidder has not received compensation for participators in the preparation of the specification for this IFB. 11, NOTE TO BIDDERS:Any terns and conditions attached to bid will not be considered unless the bidder references them temps and conditions may result in disqualification of the bid(e.g.bids with the laws of state otter than rrements for prepayrriert on the front of this bid fan. WARNING:Such City of Round Rode can only accept bids which contain all the terms and cOrKffws of its formal IFB;in Limitations on remedies,etc.) The Submission of bids on forms other than City bid fon may result in disqualification of your bid. particrular,all bidders a(fim►ations and certifications must be included. 12. INQUIRIES: Inquiries pertaining to bid invitations must give bid number,codes,and opening dab. PAGE 4 OF 5 REV:04-04-05 REFERENCE SHEET Please Complete and Return This Form with the Solicitation Response SOLICITATION NUMBER: I FB 05-005—POLICE&FIRE UNIFORMS BIDDER'S NAME: DATE: Provide the name, address, telephone number and point of contract of at least three firms that have utilized similar service for at least 2 year. References may be checked prior to award. Any negative responses received may result in disqualification of bid. 1. Company's Name Name of Contact Title of Contact Present Address City, State, Zip Code Telephone Number ( ) Fax Number( ) 2. Company's Name Name of Contact Title of Contact Present Address City, State,Zip Code Telephone Number ( ) Fax Number( ) 3. Company's Name Name of Contact Title of Contact Present Address City, State,Zip Code Telephone Number ( ) Fax Number( ) 4. Company's Name Name of Contact Title of Contact Present Address City, State,Zip Code Telephone Number ( ) Fax Number( ) 5. Company's Name Name of Contact Title of Contact Present Address City, State,Zip Code Telephone Number ( ) Fax Number( ) FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSERATION FROM AWARD. Reference Sheet Page 5 of 5 Dated:05//2005 CITY OF ROUND ROCK SPECIFICATION NO. 00-200-88-01 REVISED: JUNE 2005 POLICE AND FIRE UNIFORMS PART GENERAL 7. PURPOSE: The City seeks to establish a multiple year contract with a responsible bidder that has the means and ability to supply the City's Police Department with uniforms for Patrol, K-9,Animal Control, Explorers, Honor Guard and the Fire Department with uniforms for.work and dress. Vendor shall provide services to include, but not limited to on-site sizing, minor and major alterations, delivery, maintaining all sizing profiles and adequate stock of garments to outfit new officers and replace garments as needed and in the specified time period throughout the contract year and any extensions. 2. DEFINITIONS: The following definitions will be used for identified terms throughout the specification and bid document: 2.1. Bidder identified throughout this specification shall describe persons and entities that consider themselves qualified to provide the goods,equipment or services. 2.2. City—Identifies the City of Round Rock,Travis and Williamson County,Texas. 2.3. Agreement—A mutually binding legal document obligating the Vendor to furnish the goods, equipment or services, and obligating the City to pay for it. 2.4. Vendor—(Sometimes referred to as Contractor)A person or business enterprise providing goods, equipment, labor and/or services to the City as fulfillment of obligations arising from a contract or purchase order. 2.5. Goods represent materials,supplies,commodities and equipment. 2.6. Purchase Order-is an order placed by the Purchasing Office for the purchase of Goods or Services written on the City's standard Purchase Order form and which,when accepted by the Bidder, becomes an Agreement.The Purchase Order is the Bidder's authority to deliver and invoice the City for Goods or Services specified, and the City's commitment to accept the Goods or Services for an agreed upon price. 2.7. Services-work performed to meet a demand. The furnishing of labor,time, or effort by the vendor and their ability to comply with promised delivery dates, specification and technical assistance specified 2.8. Subcontractor-Any person or business enterprise providing goods, labor, and/or services to a Vendor if such goods,equipment, labor, and/or services are procured or used in fulfillment of the Vendor's obligations arising from a Agreement with the City. 3. CLARIFICATION: For clarification of specifications, bidders may contact: Carolyn Brooks Purchaser City of Round Rock Telephone: 512-218-5457 The individual listed above may be contacted by telephone or visited for clarification of the specifications only. No authority is intended or implied that specifications may be amended or alterations accepted prior to bid opening without written approval of the City of Round Rock through the Purchasing Division. Page 1 of 12 SPECIFICATION NO. 00-200-88-01 DATE: JUNE 2005 PART II GENERAL CLAUSES AND CONDITIONS 1. BID EVALUATION:All bids received shall be evaluated based on the best value for the City. Best value will be determined by considering all or part of the criteria listed, as well as any relevant criteria specifically listed in the solicitation. 1.1. Bid price 1.2. Reputation of the bidder and of bidder's goods and services. 1.3. The quality of the bidder's goods or services. 1.4. The extent to which the goods or services meet the City's needs 1.5. Bidder's past relationship with the City. All vendors will be evaluated on their past performance and prior dealings with the City to include, but not limited to, failure to meet specifications, poor quality, poor workmanship, late delivery. 1.6. The total long-term cost to the Municipality to acquire the bidder's goods or services. 2. BIDDER QUALIFICATONS: The opening of a bid will not be construed as the City's acceptance of such bidder as qualified and responsible. All bidders shall: 2.1. Be firms,corporations, individuals or partnerships normally engaged in the sale and distribution of commodity or provision of the services as specified herein. 2.2. Have adequate organization,facilities,equipment and personnel to ensure prompt and efficient service to the City. 2.3. Provide references to include the name, address, telephone number and point of contact of at least three entities for which the bidder has preformed similar service and or utilized the exact technology within the past three years. Any negative responses received may result in disqualification of bid. NOTE: Reference form provided. 2.4. Identify any other subcontractors to be used for this project. Experience, qualifications and references of the subcontractors shall be submitted. The City reserves the right to approve or disapprove all subcontractors prior to any work being performed. 3. CONFIDENTIALITY OF CONTENT: Bids received are subject to release as public information unless the bid or specific parts of the bid can be shown to be exempt from the Texas Public Information Act. Bidders are advised to consult with their legal counsel regarding disclosure issues and take the appropriate precautions to safeguard trade secrets or any other proprietary information.The City assumes no obligation or responsibility for asserting legal arguments on behalf of potential Bidders. 3.1. If a Bidder believes that a bid or parts of a bid are confidential,then the Bidder shall so specify.The Bidder shall stamp in bold red letters the term"CONFIDENTIAL"on that part of the solicitation, which the Bidder believes to be confidential.Vague and general claims as to confidentiality shall not be accepted.All bids and parts of bids that are not marked as confidential will be automatically considered public information after the Agreement is awarded. 4. LABOR: The Vendor shall provide all labor and goods necessary to perform the project. The Vendor shall employee all personnel for work in accordance with the requirements set forth by the United States Department of Labor. 5. DAMAGE:The Vendor shall be responsible for damage to the City's equipment and/or property, the workplace and its contents by its work, negligence in work, its personnel and equipment. The Vendor shall be responsible and liable for the safety; injury and health of its working personnel while its employees are performing service work. Page 2 of 12 SPECIFICATION NO. 00-200-88-01 DATE: JUNE 2005 6. WORKPLACE:The City is committed to maintaining an alcohol and drug free workplace. Possession, use, or being under the influence of alcohol or controlled substances by Vendor, Vendor's employees, subcontractor(s)or subcontractor(s')employees while in the performance of the service is prohibited. Violation of this requirement shall constitute grounds for termination of the service. 7. COMPLIANCE WITH LAWS: The successful bidder shall comply with all federal,state, and local laws, statutes,ordinances, rules and regulations,and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of the resulting agreement, including without limitation, workers'compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When requested, the Vendor shall furnish the City with satisfactory proof of its compliance. 8. ABANDONMENT OR DEFAULT: A Vendor who abandons or defaults the work on the Agreement and causes the City to purchase the services elsewhere may be charged the difference in service if any and shall not be considered in the re-advertisement of the service and may not be considered in future bids for the same type of work unless the scope of work is significantly changed. 9. CODES, PERMITS AND LICENSES: The successful bidder shall comply with all National, State and Local standards, codes and ordinances and the terms and conditions of the services of the electric utility,as well as other authorities that have jurisdiction pertaining to equipment and materials used and their application. None of the terms or provisions of the specification shall be construed as waiving any rules, regulations or requirements of these authorities. The successful bidder shall be responsible for obtaining all necessary permits, certificates and/or licenses to fulfill contractual obligations (City of Round Rock fees and costs will be waived). 10. INDEMNITY: Vendor shall indemnify, save harmless and defend the City, its officers, agents, servants,and employees from and against any and all suits,actions, legal proceedings,claims, demands, damages, costs, expenses, attorney's fees and any and all other costs or fees incident to the performance of the resulting agreement and arising out of a willful or negligent act or omission of the Vendor, its officers, agents, servants and employees. - 11. INSURANCE: The Vendor shall procure and maintain at its sole cost and expense for the duration of the Agreement or purchase order resulting from a response to this bid/Specification insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work as a result of this bid by the successful bidder, its agents, representatives,volunteers,employees or subcontractors. 11.1. Certificates of Insurance and endorsements shall be furnished to the City and approved by the City before work commences. 11.2. The following standard insurance policies shall be required: 11.2.1. General Liability Policy 11.2.2. Automobile Liability Policy 11.2.3. Worker's Compensation Policy 11.3. The following general requirements are applicable to all policies: 11.3.1. Only insurance companies licensed and admitted to do business in the State of Texas shall be accepted. 11.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. 11.3.3. Claims made policies shall not be accepted,except for Professional Liability Insurance. 11.3.4. Upon request,certified copies of all insurance policies shall be furnished to the City Page 3 of 12 SPECIFICATION NO. 00-200-88-01 DATE: JUNE 2005 11.3.5. Policies shall include, but not be limited to,the following minimum limits: 11.3.5.1. Minimum Bodily Injury Limits of$300,000.00 per occurrence. 11.3.5.1.1. Property Damage Insurance with minimum limits of $50,000.00 for each occurrence. 11.3.5.1.2. Automobile Liability Insurance for all owned,non-owned, and hired vehicles with minimum limits for Bodily Injury of $100,000.00 each person,and$300,000.00 for each occurrence,and Property Damage Minimum limits of $50,000.00 for each occurrence. 11.3.5.1.3. Statutory Worker's Compensation Insurance and minimum$100,000.00 Employers Liability Insurance. 11.3.6. Coverage shall be maintained for two years minimum after the termination of the Agreement. 11.4. The City shall be entitled, upon request,and without expense to receive copies of insurance policies and all endorsements thereto and may make reasonable request for deletion, revision,or modification of particular policy terms, conditions, limitations, or exclusions(except where policy provisions are established by law or regulation binding either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Vendor shall exercise reasonable efforts to accomplish such changes in Policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the requirements of the bid specification and the insurance endorsements stated below. 11.5. Vendor agrees that with respect to the required insurance,all insurance Agreements and certificate(s)of insurance will contain and state, in writing,on the certificate or its attachment, the following provisions: 11.5.1. Provide for an additional insurance endorsement clause declaring the Vendor's insurance as primary. 11.5.2. Name the City and its officers, employees,and elected officials as additional insureds, (as the interest of each insured may appear)as to all applicable coverage. 11.5.3. Provide thirty days notice to the City of cancellation, non-renewal, or material changes 11.5.4. Remove all language on the certificate of insurance indicating: 11.5.4.1. That the insurance company or agenttbroker shall endeavor to notify the City; and, 11.5.4.2. Failure to do so shall impose no obligation of liability of any kind upon the company, its agents, or representatives. 11.5.5. Provide for notice to the City at the addresses listed below by registered mail: 11.5.5.1. Vendor agrees to waive subrogation against the City, its officers, employees, and elected officials for injuries, including death,property damage, or any other loss to the extent same may be covered by the proceeds of insurance. 11.5.6. Provide that all provisions of this Agreement concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. 11.5.7. All copies of the Certificate of Insurance shall reference the project name, bid number or purchase order number for which the insurance is being supplied. Page 4 of 12 SPECIFICATION NO. 00-200-88-01 DATE: JUNE 2005 11.5.8. Vendor shall notify the City in the event of any change in coverage and shall give such notices not less than thirty days prior notice to the change,which notice shall be accomplished by a replacement Certificate of Insurance. 11.5.9. All notices shall be mailed to the City at the following addresses: Assistant City Manager City Attorney City of Round Rock City of Round Rock 221 East Main Street 309 East Main Street Round Rock,TX 78664-5299 Round Rock,TX 78664 11.6. Approval,disapproval,or failure to act by the City regarding any insurance supplied by the Vendor shall not relieve the Vendor of full responsibility or liability for damages and accidents as set forth in the these requirements. Neither shall bankruptcy, insolvency,or denial of liability by the insurance company relieve the Vendor from liability. 11.7. If the Vendor employs, contracts with or otherwise permits any other individual or entity to perform any of the obligations of the Vendor, then any and all of these individual or entities shall be bound by the same insurance requirements as the successful bidder. 12. WORKERS COMPENSATION INSURANCE:Texas Labor Code,Section 406.098 requires workers' compensation insurance coverage for all persons providing services on building or construction projects for a governmental entity. 12.1. Certificate of coverage("certificate")-A copy of a certificate of insurance,a certificate of authority to self-insure issued by the Texas Workers'Compensation Commission,or a coverage agreement(TWCC-81, TWCC-82,TWCC-83,or TWCC-84),showing statutory workers'compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project. 12.2. Duration of the oroiect-includes the time from the beginning of the work on the project until the CONTRACTOR'S/person's work on the project has been completed and accepted by the OWNER. 12.3. Persons providing services on the oroiect("subcontractor")in Section 406 096 includes all persons or entities performing all or part of the services the CONTRACTOR has undertaken to perform on the project,regardless of whether that person contracted directly with the CONTRACTOR and regardless of whether that person has employees. This includes, without limitation,independent contractors,subcontractors, leasing companies,motor carriers,owner-operators,employees of any such entity,or employees of any entity,which furnishes persons to provide services on the project. "Services"include,without limitation, providing, hauling,or delivering equipment or materials,or providing labor,transportation, or other service related to a project. "Services"does not include activities unrelated to the project,such as food/beverage vendors,office supply deliveries,and delivery of portable toilets. 12.4. The CONTRACTOR shall provide coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,that meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all employees of the CONTRACTOR providing services on the project,for the duration of the project. 12.5. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the contract. 12.6. If the coverage period shown on the CONTRACTOR'S current certificate of coverage ends during the duration of the project,the CONTRACTOR must,prior to the end of the coverage period,file a new certificate of coverage with the OWNER showing that coverage has been extended. 12.7. The CONTRACTOR shall obtain from each person providing services on a project,and provide to the OWNER: Page 5 of 12 SPECIFICATION NO. 00-200-88-01 DATE: JUNE 2005 12.7.1. a certificate of coverage,prior to that person beginning work on the project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the project; and 12.7.2. no later than seven calendar days after receipt by the CONTRACTOR,a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 12.8. The CONTRACTOR shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 12.9. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within 10 calendar days after the CONTRACTOR knew or should have known,or any change that materially affects the provision of coverage of any person providing services on the project. 12.10. The CONTRACTOR shall post on each project site a notice, in the text,form and manner prescribed by the Texas Workers'Compensation Commission, informing all persons providing services on the project that they are required to be covered,and stating how a person may verify coverage and report lack of coverage. 12.11. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, to: 12.11.1. and filing of any coverage agreements,that meets the statutory provide coverage,based on proper reporting of classification codes and payroll amounts requirements of Texas Labor Code,Section 401.011(44)for all its employees providing services on the project,for the duration of the project; 12.11.2. provide to the CONTRACTOR,prior to that person beginning work on the project,a certificate of coverage showing that coverage is being provided for all employees of the person providing services on a project,for the duration of the project; 12.11.3. provide the CONTRACTOR,prior to the end of the coverage period,a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 12.11.4. obtain from each other person with whom it contracts,and provide to the CONTRACTOR: 12.11.4.1. a certificate of coverage, prior to the other person beginning work on the project;and 12.11.4.2. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project 12.12. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 12.12.1, notify the OWNER in writing by certified mail or personal delivery,within 10 calendar days after the person knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project; and 12.12.2. contractually require each person with whom it contracts, to perform as required by paragraphs (A thru G),with the certificates of coverage to be provided to the person for whom they are providing services. 12.12.3. By signing the solicitation associated with this specification,or providing,or causing to be provided a certificate of coverage,the Contractor is representing to the Owner that all employees of the Contractor who will provide services on Page 6 of 12 SPECIFICATION NO. 00-200-88-01 DATE: JUNE 2005 the project will be covered by workers'compensation coverage for the duration of the project,that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties,or other civil actions. 12.12.4. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor that entities the Owner to declare the contract void if the Contractor does not remedy the breach within ten calendar days after receipt of notice of breach from the owner. 13. LIENS: Vendor agrees to and shall indemnify and save harmless the City against any and all liens and encumbrances for all labor, goods and services which may be provided under the resulting agreement. At the City's request the Vendor or subcontractors shall provide a proper release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City. 14. VENUE: Both the City and the Vendor agree that venue for any litigation arising from a resulting agreement shall lie in Williamson County. 15. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be considered an employee of the City. The Contractor shall not be within protection or coverage of the City's Worker'Compensation insurance, Health Insurance, Liability Insurance or any other insurance that the City from time to time may have in force and effect. 16. AGREEMENT: The term of the Agreement resulting from the solicitation may be for five consecutive 12 month periods of time from the effective date and shall remain in full force and effect unless and until it expires by operation of the term stated or until terminated or extended as provided herein. The City reserves the right to: 16.1. Renew Agreement for two(2)additional periods of time not to exceed twelve(12)months for each renewal provided both parties agree. - 16.2. Review the following at the end of each twelve-month review period or renewal: 16.2.1. Vendor performance 16.2.2. Price 16.2.3. Continuing need 16.2.4. Advancements in technologies and or service 16.3. The City may terminate the Agreement with or without cause or may continue through the next twelve-month review or renewal period. 17. PRICE: Agreement price(s)shall be firm for the duration of the agreement, except as provided for herein. 17.1. The City reserves the sole option to allow"unit price"adjustments upward only as a result of a cost increase in good or services in accordance with the Producers Price Index at http://stats.bis.goy/i)pVhome.htm 17.2. Vendor shall request price increase in writing at least 120 days prior to the agreement review or renewal date. 17.2.1. Request shall be accompanied by the appropriate documentation to justify the increase. 17.3. Vendor may offer price decreases at any time during the Agreement or renewal term. 18. ORDER QUANTITY: The quantities shown on the IFB are estimates only. No guarantee of any minimum or maximum purchase is made or implied. The City will only order the quantity of goods and or services needed to satisfy operating requirements,which may be more or less than indicated. Page 7 of 12 SPECIFICATION NO. 00-200-88-01 DATE: JUNE 2005 19. NON-APPROPRIATION:The resulting Agreement is a commitment of the City's current revenues only. It is understood and agreed the City shall have the right to terminate the Agreement at the end of any City fiscal year if the governing body of the City does not appropriate funds sufficient to purchase the estimated yearly quantities, as determined by the City's budget for the fiscal year in question. The City may effect such termination by giving Vendor a written notice of termination at the end of its then current fiscal year. 20. CANCELLATION:The City reserves the right to cancel the Agreement without penalty by providing 30 days prior written notice to the other party. Vendor shall provide the City with 90 days written notice prior to cancellation of the Agreement and shall continue services for a period of time not to exceed 120 days after written notification. Termination under this paragraph shall not relieve the Vendor of any obligation or liability that has occurred prior to cancellation. NOTE:This Agreement is subject to cancellation,without penalty, at any time the City deems the vendor"to be non-compliant with contractual obligations. 21. AGREEMENT ADMINISTRATOR: All work performed under this Agreement will be supervised and verified by the City representative(s)noted below. Police Dept Fire Dept Jennifer Soto @ 512-218-6675 Charles Meserole @ 512-218-6203 PART 111 SPECIFICATIONS 1. SCOPE: This specification describes a service to provide City's Police and Fire Departments with uniforms for Patrol, K-9,Animal Control, Explorers, Honor Guard, Firefighter's standard and Dress.Vendor shall provide services to include, but not limited to on-site sizing, minor and major alterations and delivery; maintaining all sizing profiles and adequate stock of garments to outfit new officers and replace garments as needed and in the specified time period throughout the contract and any renewal period. 2. INTENDED USE: It is the intent of the City outfit each police officer and firefighter with a wardrobe of the brands specified below to maintain uniformity, standardization and the quality appearance of our officers within the community. All garment care will be as recommended by the manufacturer. 3. STANDARD ISSUE: 3.1. Police: Initial wardrobe consists of three long-sleeved and four short-sleeved shirts, five trousers (1 w/strip),jacket with patches and raincoat;thereafter, individual pieces are replaced as needed. 3.2. Firefighter: Initial wardrobe for firefighters consists of two long sleeved and four short sleeved shirts, four trousers,jacket with patches and windbreaker, thereafter, individual pieces shall be replaced as needed. 4. BRANDS: The uniform manufacturers and style listed are required for durability and availability, as well as standardization, uniformity within each department and the quality appearance of our officers within the community. NOTE: Any other brand or style not specifically requested will not be considered. Page 8 of 12 SPECIFICATION NO. 00-200-88-01 DATE: JUNE 2005 5. SIZES: All shirts and trousers furnished shall be manufacturer's standard off the shelf sizes. Sizes shall include, but not be limited to the following: 5.1. Shirts: NOTE: not all sleeve lengths are required for every size Men's Women's Collar sizes— 14.5 through 19.5 Collar sizes— 14 through 17.5 Sleeve length -31/32 through 36/37 Sleeve lengths—31/32 through 34.5 Chest size, reg.and %sizes 20 thru 30.5 Bust size,reg. and %sizes—19 thru 26 5.2. Trousers: All trousers furnished shall be manufacturer's standard off the shelf sizes. Sizes shall include, but not be limited to the following: NOTE: Sizes shall come in regular lengths and some long lengths. Men's Women's Waist sizes—28 through 54 Pant sizes—6 through 24 Men's Fire Waist sizes—X-Small through XXX-Large 6. LABELING: All garments shall be permanently labeled with the manufacturer, country of origin, size, fabric content and care instructions. 7. PRESSING AND FINISHING: 7.1. Shirts shall have all loose threads trimmed and garments shall be pressed completely before packaging. 7.2. Trousers shall have all loose threads trimmed and be completely pressed properly with the seat seam, inseam and outseam pressed open. 8. PATROL: Uniform shall be Blauer"police blue"in the styles specified below. 8.1. Shirt:"Z"=zipper 8.1.1. Male Short Sleeve: Blauer#8410Z Long Sleeve: Blauer#8400Z 8.1.2. Female: Short Sleeve: Blauer#8410WZ Long Sleeve: Blauer##8400WZ 8.2. Trouser: 8.2.1. Male-Blauer style No. 8510 8.2.2. Female- Blauer style No. 8510W 8.2.3. Striping: When specified, a strip shall be applied to trouser leg when manufactured or aftermarket. Striping shall be a two-color braided stripe approximately%inch wide, 1/8 inch black on both sides and%inch inside royal blue. Example: Rice Braid Article#ON2008(Black/Royal 63). 8.3. Jacket: Blauer style No. 6125, dark navy,Taslon nylon B. Dry shell,waterproof, windproof,breathable lining, zip-out b. warm insulated quilted liner with zip-off sleeves. 8.4. Raincoat: Blauer style No.26990, black reversing to HI-Vis yellow with Scotchlite reflective trim around chest and cuffs 8.4.1. Transfer: Unless otherwise specified,all raincoats shall have heat transfers on inside and outside of the coat. The transfer shall spelled out"POLICE" in three and one half inch reflective letters across the back. Letters shall be reflective: Page 9 of 12 SPECIFICATION NO. 00-200-88-01 DATE: JUNE 2005 8.4.1.1. White on the black side of coat 8.4.1.2. Silver on the yellow side of coat. 9. HONOR GUARD: Uniform shall be Blauer"police blue"in the styles specified below. 9.1. Shirt: Long Sleeve: Blauer style No. 8400Z18400WZ except Shoulder Epaulets are customized with a Royal Blue Merrowed Border and nine Gold"P"buttons (8 piece with hardware/1 piece sewn) 9.2. Trouser: Blauer style No. 8510/8510W with striping identified in paragraph 7.2.3. 10. ANIMAL CONTROL: 10.1. Shirt: Horace Small in 100 percent Polyester, French Blue,five-crease Military style. 10.1.1. Male Short Sleeve: Horace Small Style No.Z959FB Long Sleeve: Horace Small Style No.ZZ919FB 10.1.2. Female: Short Sleeve: Horace Small Style No.Z975FB Long Sleeve: Horace Small Style No.Z905FB 10.2. Pant: BDU type, Dark Navy, 65 percent Poly/35 percent Cotton Ripstop 10.2.1. Propper style No. F520138405 11. EXPLOYER: Tactical short sleeve, dark navy, 65 percent poly/35 percent Cotton Ripstop. 11.1. Shirt: Propper Style F530138405 12. K_9: BDU Battle Dress Uniform, Black, 65 percent poly/35 percent Cotton Ripstop 12.1. Shirt: Two pocket long sleeve, Propper style No. F545238001 12.2. Pants: Propper style No F520138001 13. FIREFIGHTER: 13.1. Work uniforms shall be in the styles specified below: 13.1.1. Shirt: Topps"light blue"Button Type, Male 13.1.1.1. Short Sleeve,#SH99 0200 13.1.1.2. Long Sleeve,#SH97 0220 13.1.2. Trouser: Workrite Style#475NMX75NB 13.1.3. Jacket: Blauer style#612013K, black,Talson nylon B. Dry shell,waterproof windproof, breathable lining, zipout,warm insulated quilted liner with silver or gold FD buttons and Round Rock patches (City will provide). 13.1.4. Windbreaker: Liberty style#560MNV, dark blue,waterproof and windproof. 13.2. Dress uniforms shall be Fechheimer, Dark Navy in the styles specified below: 13.2.1. Blazer: Model# 17138696C with badge tab 13.2.2. Pants: Model#28P8696 13.2.3. Belt: Patent leather#6580 13.2.4. Shoes: Patent leather#831-6027 Page 10 of 12 SPECIFICATION NO. 00-200-88-01 DATE: JUNE 2005 13.2.5. Can: Cap Dress Model#9807 13.2.6. Insignia: Insignia Cap 13.2.7. Cross: Maltese Cross for every five years of service sewn on left sleeve 13.2.8. Stripe: Striping, Rice#7257, 1/3 inch, silver. Stripe shall be three inches up from hem on left and right sleeve. 14. SERVICE REQUIREMENTS: The Vendor shall: 14.1. Have sample sizes available for sizing officers 10 days after notice of award of contract and shall do initial sizing of each officer at Department or Vendor's location, whichever arrangement is agreed to by the City representative. 14.2. Dedicated at least one representative for a minimum of one full workday per month or as need to size officers and firefighters. 14.3. Coordinate with City Representatives to schedule routine sizing schedules for new officers. 14.4. Maintain adequate shelf stock to provide uninterrupted services 14.5. Alter standard size garment(s), if needed to accomplish more satisfactory fit. The Contactor shall alter: 14.5.1. Any shirt exhibiting a total of more than three inches of excess material in the body,with or without the wearing of a ballistic vest underneath,whichever may be the case for the individual being fitted. 14.5.2. Provide an upsize in trouser if needed or requested to obtain proper fitting in the thigh and/or seat area. Altering waist,thigh, seat and crotch as required obtaining a proper fit. 14.5.3. Alterations shall include, but not be limited to the following: Minor Alterations Major Alterations Hemming trouser Striping of trouser Sewing on patches, Waist altering chevrons, stripes Altering long sleeves Tapering shirt Tapering trouser leg Removing/adding patches Thigh, seat and crotch of trouser Sew trouser pocket closed Alter and hem shirt tail 14.6. Provide on-site sizing at City location for officers and firefighters to be fitted for uniforms bi-monthly or as needed to provide the timeliness of new and existing officers being outfitted. 14.7. Standard uniforms shall be delivered to the City within three days after receipt of order. 14.8. Altered uniforms shall be delivered to the City within no more than ten days after receipt of order. 14.9. Issue uniforms only upon receipt of a purchase order. 14.10. Maintain sizing profile on each officer(prefer Excel spreadsheet)including the required alterations to assist in expediting the delivery of future replacement garments. NOTE: Sizing information shall be the property of the City 14.11. Provide to the City the name and telephone number of Vendor's representative. Page 11 of 12 A f SPECIFICATION NO. 00-200-88-01 DATE: JUNE 2005 PART III ACCEPTANCE AND PAYMENT 1. ACCEPTANCE: Acceptance inspection should not take more than five working days. The vendor will be notified within this time frame if the item(s)delivered is not in full compliance with the specifications. If any purchase order is canceled for non-acceptance, the needed items may be purchased elsewhere and the vendor may be charged full increase, if any, in cost and handling. 2. INVOICING: Vendor shall submit one original and one copy of each invoice on a monthly basis to the following address: City of Round Rock Finance Department 221 East Main Street Round Rock,TX78664-5299 3. PROMPT PAYMENT POLICY: Payments will be made within thirty days after the city receives the supplies, materials, equipment, or the day on which the performance of services was completed or the day on which the City receives a correct invoice for the supplies, materials,equipment or services,whichever is later. The Vendor may charge a late fee(fee shall not be greater than that which is permitted by Texas law)for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by the City in the event: 3.1. There is a bona fide dispute between the City and Vendor concerning the supplies, materials, services or equipment delivered or the services performed that causes the payment to be late;or 3.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or 3.3. There is a bona fide dispute between the Vendor and a subcontractor or between a subcontractor and its suppliers concerning supplies, material, or equipment delivered or the services performed which caused the payment to be late; or 3.4. The invoice is not mailed to the City in strict accordance with instructions, if any,on the purchase order or agreement or other such contractual agreement. 4. OVERCHARGES: Vendor hereby assigns to purchaser any and all claims for overcharges associated with this agreement which arise under the antitrust laws of the Untied States, 15 USGA Section 1 et seg.,and which arise under the antitrust laws of the State of Texas, Bus. and Com. Code, Section 15.01, et sea. Page 12 of 12